Supreme Court of India · 1988-12-13
PETRON ENGINEERING CONSTRUCTION PVT.LTD. & ANOTHER vs CENTER BOARD OF DIRECT TAXES & OTHERS
- Citation / case number
- SC 1988/70754
- Court
- Supreme Court of India
- Petitioner
- PETRON ENGINEERING CONSTRUCTION PVT.LTD. & ANOTHER
- Respondent
- CENTER BOARD OF DIRECT TAXES & OTHERS
- Bench
- DUTT, M.M. (J)
Judgment text excerpt
The Supreme Court interpreted Section 80-O of the Income Tax Act, 1961, which allows for deductions on royalties received from a foreign government or enterprise. The Court held that the term 'foreign enterprise' must be understood in the context of the phrase 'Government of a foreign State' and cannot include branches of Indian companies abroad. The Court affirmed the lower court's decision that the appellant did not receive payments from a qualifying foreign enterprise, thus denying the deduction claim.