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TMI Blog1966 (6) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ebruary 6, 1957), is correct in law - Held, yes - - - - - Dated:- 15-6-1966 - Judge(s) : M. S. MENON., P. GOVINDAN NAIR. JUDGMENT This is a reference on the motion of the assessee by the Income-tax Appellate Tribunal, Madras Bench, under section 66(1) of the Indian Income-tax Act, 1922. The question referred reads as follows : " Whether, on the facts and in the circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the agreement for relief from or the avoidance of double taxation of income between the Government of India and the Government of Ceylon. That agreement was entered into in pursuance of section 49A of the Indian Income-tax Act, 1922, which provides that the Central Government may enter into an agreement: (a) with the Government of any country outside India for the granting of relief in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the ordinary way under its own laws ; and where either country under the operation of its laws charges any income from the sources or categories of transactions specified in column I of the Schedule of this agreement (hereinafter referred to as the Schedule) in excess of the amount calculated according to the percentages specified in columns II and III thereof, that country shall allow an abatem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ------------------------------------------------------------------------------------------- A reading of article III of the agreement and the relevant portion of the Schedule makes it quite clear that what has to be done in a case like the one before us can be summed up as follows : (1) Ascertain the income which has been assessed both under the Ceylon Income-tax Ordinance, 1932, and the India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee cannot possibly claim, in the light of the provisions on the subject, any amount by way of abatement higher than that amount. In the light of what is stated above, we must answer the question referred in the affirmative, that is, against the assessee and in favour of the department. We do so, but in the circumstances of the case without any order as to costs. A copy of this judgment u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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