1985 (2) TMI 127 - AT - Income Tax

Summary

Issues:
- Whether the Russian technicians deputed to render services to an Indian company are entitled to exemption under section 10(6) of the Income Tax Act.
- Whether the Managing Director of the Indian company was competent to file appeals on behalf of the foreign technicians before the Appellate Assistant Commissioner (AAC).

Analysis:
1. The appeals involved a common dispute where fifteen Russian technicians, deputed by their employer to render services to an Indian company, claimed exemption under section 10(6) of the IT Act for their salaries. The Income Tax Officer (ITO) rejected this claim citing the absence of an employer-employee relationship between the technicians and the Indian company.

2. The technicians appealed to the AAC, reiterating their claim for exemption. While similar cases before the Tribunal had recognized an employer-employee relationship between foreign technicians and Indian companies during deputation, the AAC dismissed the appeals on the grounds of technical defects and incompetence.

3. The representatives for the technicians argued that the AAC erred in his decision, citing Tribunal orders where similar appeals were deemed valid and competent. The Department's representative contended that the appeals were incompetent as they were not signed by the individual technicians but by the Managing Director of the Indian company.

4. The Tribunal considered the competence of the Managing Director to act on behalf of the technicians. Rule 45(2)(a) allows for appeals to be signed by a person duly authorized by the individual. In this case, the Tribunal found the Managing Director competent based on the conduct of the parties, as the Indian company had been representing the technicians in tax matters.

5. The Tribunal concluded that the appeals before the AAC were competent, setting aside the AAC's order and restoring the appeals for fresh consideration. The decision was supported by legal precedents emphasizing the importance of allowing appeals as a fundamental right, unless conclusively shown to be forfeited or abandoned.

6. Ultimately, the Tribunal allowed all fifteen appeals, recognizing the competence of the Indian company's Managing Director to act on behalf of the foreign technicians in filing the appeals before the AAC.