1978 (3) TMI 69

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....by AMARESWARI J.--In this case the only question that has been referred to us for our opinion is: " Whether, on the facts and in the circumstances of the case, section 195(1) of the IT. Act, 1961, is attracted ? " For answering the question, a few facts may be stated. The assessee is a private limited company carrying on business of stevedoring at Visakhapatnam. It appears that the assess....

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....ed that they should be treated as income in the hands of non-residents. The Tribunal agreed with the contention of the assessee and held that payments made by the assessee were in the nature of casual and non-recurring receipts in the hands of non-residents which are not chargeable under the I.T. Act. Thereupon, the revenue made an application for reference to this court of the question which we h....

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....annot be construed as income in the hands of the non-residents chargeable under the IT. Act, 1961. To resolve this question, it is necessary to refer to the provisions of s. 195(1) of the I.T. Act, 1961. It is as follows : " Any person responsible for paying to a non-resident, not being a company, or to a company which is neither an Indian company nor a company which has made the prescribed arr....

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.... have laid down that income is anything which can properly be described as income and is taxable under the Act unless expressly exempted. The only question for consideration is whether payments that have been received by the persons to whom the assessee paid can be regarded as income chargeable under the Act. On the facts of this case, we find that payments were not received by a single individual....