RANGANATH MISRA, M. N. VENKATACHALIAH, R. S. PATHAK
Electronics Corporation Of India LTD. – Appellant
Versus
Commissioner Of Income Tax – Respondent
JUDGMENT
PATHAK, CJI. :— Special Leave granted.
2. These appeals by Special Leave are directed against the dismissal by the Andhra Pradesh High Court of Writ Petitions filed by the appellant.
3. The appellant, Messrs Electronics Corporation of India Limited, entered into a memorandum of understanding with a Norwegian company at Paris. This was followed by an agreement dated 2 May, 1986 executed at Hyderabad. Under that agreement -the Norwegian company was to provide technical know-how and technical services, including facilities for the training of personnel, to the appellant in connection with the manufacture of computers. The consideration for the technical know-how and technical services was represented by Norwegian currency NOK 32 Millions equivalent to about Rs. 575 lakhs. Eighty five per cent of the consideration was to be paid from credit provided by Norwegian authorities and the balance fifteen per cent was to be paid out of free foreign exchange made available by the State Bank of India, London Branch. It is not in dispute that the agreement had received the careful consideration of the Reserve Bank of India and of the Central Government.
4. The appellant approached the Incom
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