Supreme Court of India

Petron Engineering Construction Pvt. Ltd. & Another v. Central Board of Direct Taxes & Others

Neutral citation
Reported as [1988] SUPP. 3 S.C.R. 1058
Bench M.M. Dutt J.
Decided 13 December 1988

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that a "foreign enterprise" is an enterprise situate in a foreign country having been created _or registered in accordance with the law of such G country.

Judgment, page 10

From the headnote

Income-tax Act, 1961: Section 80-0-Deduction in respect of royalties-Permissible only when it is from government of foreign state or foreign enterprise. Words and Phrases: "Foreign enterprise"-'Foreign Company' -Meaning of. Interpretation of statutes: Interpretation of expressions to be con­ . , sistent with the thing or objects included within it: Court to look at the setting in which the words are used; in the case of an exemption provi­ sion, liberal interpretation to be made without impairing the legislative requirement and the spirit of the provision. ' Messrs Toyo Engineering

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