Judgment

RANGANATHAN, J.:- This is an appeal preferred by M/ s. Continental Construction Ltd. (hereinafter called the assessee) from the judgment of the Delhi High Court in ITR 110 to 11 2 of 1987: (reported in 1990-185 ITR 178) : (1990 Tax LR 729) answering, against the assessee, the following questions of law referred to under S. 256 of the Income-tax Act, 1961 (the Act):

1. "Whether on the facts and in the circumstances of the case the Tribunal is right in holding that the income arising from the activities pursuant to the seven agreement with foreign Governments/enterprises, etc. are governed by the provisions of S. 80-HHB of the Income-tax Act, 1961 and not of Section 80-O of that Act?"

2. "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that notwithstanding the approvals granted by the Board to the seven agreements for the purpose of S. 80-O, for the purpose of assessment for assessment year 1983-84, the income arising from these contracts have to be brought under S. 80-HHB of the Income-tax Act, 1961?"

3. "Whether on the facts of the case, the Tribunal is right in holding that the income from the entire activities under the seven agre