1990 (3) TMI 55

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....India, the petitioner has challenged the validity of the orders/letters dated March 5, 1986, and August 20, 1986, issued by the Central Board of Direct Taxes, Foreign Tax Division, New Delhi, refusing to approve its agreement dated July 25, 1981, with the Ministry of Planning of the Republic of Iraq. The agreement is primarily for construction of a bridge. The construction of the bridge, admittedl....

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....from the assessment year 1983-84 onwards only. Even otherwise the question whether an agreement qua certain activities is or is not to be approved under section 80-0 is to be decided with reference to the provisions of section 80-0, more so when the agreement is entered into prior to the period covered by the assessment year 1983-84 as in the present case. It is not necessary in this case to consi....

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....y be treated as covered by section 80-0. In this case, both the assumptions are wrong. In the circumstances, though it is open to the Board to say that the agreement contemplates services which are not covered by section 80-0, this conclusion could not have been arrived at on the ground of the agreement falling within the provisions of section 80HHB. In the above view of the matter, it is consi....