1999 (7) TMI 39

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... seeks a direction to the Income-tax Appellate Tribunal to draw up a statement of the case and refer the following questions, stated to be one of law, in respect of the assessment year 1983-84, for the opinion of this court: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law and in facts in holding that the Explanation added to section 9(1)(ii) is a su....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t francaise". However, the assessee did not deduct or deposit income-tax on the said amount under section 192 of the Act. This fact came to the notice of the Revenue during search operations conducted at the premises of the assessee. The Income-tax Officer levied penal interest under section 201(1A) of the Act for non-deduction of tax by the assessee on the aforenoted amount. The assessee's appeal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of section 9(1)(ii) of the Act is prospective or retrospective. It has merely observed that prior to the said amendment the assessee was under the bona fide belief and that no tax was chargeable on the aforenoted portion of the salary paid to its employees outside India. We find that the finding recorded by the Tribunal to the effect that the assessee was under a bona fide belief that it was not ....