Judgement

RANGANATH MISRA, J.:- These are appeals by the Revenue by special leave and are directed against the decision of the Calcutta High Court dated 15-9-1972 rendered upon references made under S. 256(l) of the Income-tax Act of 1961. The Tribunal referred the following six questions for opinion of the Court : -

(1) Whether on the facts and in the circumstances of the case and on a proper construction of the agreement between the Indian Company and the Export Company, the Tribunal was right in holding that the six non-resident companies in Group A had a business connection with the Indian Company and therefore that the Indian Company was correctly treated as an agent of the said non-resident companies under S. 163 of the Income-tax Act, 1961 ?

(2) If the answer to question No. 1 is in the affirmative, then, whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that any profit could be deemed to accrue or arise in India to the six non-residents in the United Kingdom in respect of the goods sold by them to customers in India ?

(3) Whether, on the facts and in the circumstances of the case and on a proper construction of the agreement dated