2008 (2) TMI 30

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.... RAVIRAJA PANDIAN J.—In this appeal, the assessee questioned the correctness of the order of the Income-tax Appellate Tribunal dated May 15, 2007, made in 1. 1. A. No. 408/Mds/ 2004 in relation to the assessment 2003-04. 2 The appellant is a limited company having its registered office at Calcutta and head office at Chennai and is engaged in the business of manufacturing switch gears and sell....

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....company, it would not have suffered any tax, since the income would be in the nature of the business income in the hands of Equant and as per article 7 of the Double Tax Treaty between India and U. K., it would suffer tax on business income only if it had a permanent establishment in India or was present in India for a period exceeding 90 days during the fiscal year. 4 On November 28, 2002, the....

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....for technical services", liable for deduction of tax at source. As against that order, the Revenue took up the matter on appeal before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal, by the order impugned in this appeal, set aside the order of the Commissioner of Income-tax (Appeals) and confirmed the order passed by the Assessing Officer on the ground that the correctness of....

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....however, by inadvertence that had not been taken into account while passing the order impugned 7 Having regard to the fact that the contract was very much available at the time of passing of the impugned order, however, the Tribunal has made an observation in the impugned order that the contract had not been placed before the Tribunal, we are of the view that the impugned order may be set aside....