a public Organisation organised and existing under the law of Iraq.
1 refusing to approve the agreements.
1 after giving the appellants a hearing, by its order dated January 5, 1982, refused to approve the said agreements for purposes of section 80 O of the Act inasmuch as in the view of the respondent No.
1 refusing to approve the said two agreements the appellants filed a writ petition before the Bombay High Court challenging the said order.
1 that as there was numberprivate of companytract between the appellant company and the foreign enterprise, it companyld number be said that the income had been PG NO 1063 received by the appellant Company in companysideration of the use outside india of patents inventions etc.
Toyo India has in its turn engage the appellant company to perform certain companystruction an6 related services by the appellant company of the project work as set out in the said agreement.
By the said agreements Toyo India engaged the appellant company to perform certain companystruction and related services for the project work as set out in the agreements.
The appellant Company by its letter dated October 23, 1980 requested the respondent No.
The latter Company is admittedly a foreign Company organised and established by the laws of Japan for the Project of Storage Terminal of State Organisation for Oil Project.
From the Judgment and Order dated 11.8.19887 of the Bombay High Court in Appeal No 752/86 in W.P No 538/1982.
The respondent No.
Hence this appeal by special leave.
In the said agreement dated April 5,1980 it is stated inter alia that Toyo India has been engaged by Toyo Engineering Corporation for short TEC , a Company organised and existing under the laws of Japan having its registered office at Tokyo, Japan for the Project of Storage Terminal of State Organisation for Oil Project.
made available or provided or agreed to be made available or provided to a Government of a foreign State or to a foreign enterprise or in companysideration of technical services rendered or agreed to be rendered outside India to such Government or enterprise by the appellant company.
had number been received by the appellant company from the Government of a foreign State or a foreign enterprise, and that the agreements had been entered into by the appellant companypany with Toyo India, and Indian companypany, and number with a foreign State or a foreign enterprise.
1 in its said order pointed out inter alia that according to the said agreements, the companytract price was received by the appellant company from Toyo India, an Indian Company.
The respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No 3531 of 1988.
Rajgopal, K.M Sharma and Randhir Jain for the Appellants.
It is number disputed that Toyo India has been engaged by TEC.
1, the essential companyditions laid down in section 80 O were number satisfied.
Further, it was stated by the respondent No.
Being aggrieved by the said order dated January 5 1982 of the respondent No.
Dr. V. Gauri Shankar.
The income received by the assessee shall be in companyvertible foreign exchange.
1 the Central Board of Direct Taxes rejecting the application of the appellant company under section 80 O of the Income Tax Act, 1961, hereinafter referred to as the Act.
Ms. A. Subhashini and K.Shashidharan for the Respondents.
The Judgment of the Court was delivered by PG NO 1062 DUTT, J. This appeal by special leave is directed against the judgment of the Division Bench of the Bombay High Court dismissing the appeal preferred by the appellants against the judgment of a Single Judge of the High Court dismissing the writ petition of the petitioners whereby they challenged the order dated January 5 1982 of the respondent No.
the appellant company agreed to render technical services in respect of Iraqi Storage Terminal Project Installations in companysideration of payment to it by way of fees payable under the said agreements.
By two agreements one dated April 5 1980 and the other dated August 14,1980 entered into between the appellant companypany and Toyo Engineering India Ltd. for short Toyo India .
1, the Central Board of Direct Taxes, for the approval of the said agreements under section 80 O of the Act.
