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december 1988

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.

PETRON ENGINEERING CONSTRUCTION PVT.LTD. & ANOTHER vs CENTER BOARD OF DIRECT TAXES & OTHERS · Niyam