1966 (6) TMI 5

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....der section 66(1) of the Indian Income-tax Act, 1922. The question referred reads as follows : " Whether, on the facts and in the circumstances of the case, the abatement of Rs. 704 only allowed to the assessee under article III of the agreement for relief from or avoidance of double taxation in India and Ceylon (in Notification S.R.O. 456 dated February 6, 1957), is correct in law ? " The a....

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....ich provides that the Central Government may enter into an agreement: (a) with the Government of any country outside India for the granting of relief in respect of income on which have been paid both income-tax (including super-tax) under this Act and income-tax in that country, or (b) with the Government of any country outside India for the avoidance of double taxation of income, profits an....

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....eferred to as the Schedule) in excess of the amount calculated according to the percentages specified in columns II and III thereof, that country shall allow an abatement equal to the lower of the amounts of tax attributable to such excess in either country. " The portion of the Schedule which is relevant to the case--there is no dispute on this point--is in the following terms : -----------....

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....ase like the one before us can be summed up as follows : (1) Ascertain the income which has been assessed both under the Ceylon Income-tax Ordinance, 1932, and the Indian Income-tax Act, 1922. In this case the amount of that income is Rs. 18,765. (2) Ascertain the portion of that amount of Rs. 18,765 which is in excess of the amount calculated according to the percentage specified in colu....