9911796707
TMI Blog1990 (4) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... the validity and legality of the order/ letter dated June 11, 1987, issued by the Central Board of Direct Taxes, Foreign Tax Division, New Delhi, refusing to approve the petitioner's agreement dated November 15, 1985, with Van Leeman, Holland (Pipe and Fittings) (for short "foreign concern"), for the supply of technical know-how. The Board, it may be stated, had refused to approve the agreement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated November 15, 1985, after getting the same approved by the consultant of the foreign project. The foreign concern supplied equipment and other material necessary for the setting up of the foreign project. It is not clear as to who had undertaken the execution of the foreign project. By its explanation dated February 10, 1987, the petitioner informed the Board as under : "The project has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial and discretionary. The court would like to exercise the jurisdiction in cases where there is no dispute about the facts and the impugned order suffers from a patent error of law. All the same, the court does not agree with Shri Jetley, learned counsel for the Revenue, that the provisions of section 80HHB(1)(b) are attracted whenever an Indian company does something in execution of any work w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision itself is not clear and ambiguous. When a provision is unambiguous and is not capable of two meanings, it is not necessary to refer to the Finance Minister's speech or to the objects in introducing the section. Considering the facts of the case in this background, on facts stated by the petitioner in its representation dated February 10, 1987, the Board's conclusion that the petitioner sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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