DIPAK KUMAR SEN, J. - (1.) THE assessee, Alfred Herbert (India) Pvt. Ltd., is a company incorporated in India and is a subsidiary of Alfred Herbert Ltd. of Coventry, a company incorporated in the United Kingdom, and so a non-resident company.
(2.) AN agreement was entered into by and between the assessee and the non-resident company dated June 27, 1955, whereby the assessee was appointed as the sole selling agent of the non- resident company. In asst. yrs. 1968-69, 1969-70 and 1970-71, the relevant accounting years ending on the 31st October of the calendar years 1967, 1968 and 1969, Alfred Herbert Ltd., U.K., was assessed to income-tax in India in the status of a non-resident company. The assessment orders were passed respectively on September 5, 1968, August 7, 1969 and February 12, 1971.
(3.) THEREAFTER , on March 2, 1971, the ITO passed orders under s. 163 of the IT Act, 1961, treating Alfred Herbert (India) Pvt. Ltd., the assessee, as an agent of the non-resident company for the said asst. yrs. 1968-69, 1969-70 and 1970-71.;