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4. This is an occasion where the Tribunal has relied upon the said judgment to hold that the recovery of interest is barred by limitation.

5. To understand and appreciate the controversy which is already in a narrow compass, some inevitable facts are necessary to be laid in the context.

6. The assessee is a Government owned company and entered into an agreement with a non-resident by name M.E. Wernberg A/S for the establishment of a meat processing plant at Chalakudi. This was for the purpose of help in regard to technical know-how, advice and services essential for the establishment of the plant. In fact the project report as regards preparation was also a part of the agreement. The company agreed to pay in all Rs. 5.5 lakhs and under the terms, 30 per cent. of the project fees were required to be paid in advance and accordingly the assessee-company remitted Rs. 1,65,000. as advance payment of the project report fees.