Meaning of “Business carried on in india”

Case Name : Robert W. Smith vs. CIT

Citation : [1994] 77 taxman 530 (aar – new delhi)

Court : AAR

Section : 10(5b)

Meaning : The emphasis in the words ‘business carried on in india’ is not on the words ‘carried on’ but on the words ‘in india’. What the legislature intends to emphasise by the use of these words is not to restrict the stage at which the foreign technician is employed but to emphasise that the benefit of the knowledge and experience of such technician should be availed of by a business in india and not a business carried on elsewhere.

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