Assessment of agent of non-resident, Option is with Income Tax Authorities: ITAT Mumbai

RELEVANT PARAGRAPHS: 19. We have given careful thought to the rival submissions of the parties and examined them in the light of material available on record, statutory provisions and case law cited at the Bar. At the very outset, we may state that the basic contention of the assessee that he is and should be considered as an agent under clauses (a), (b) & (c) u/s 163(1) of the Act, is misplaced. Provisions of sections 160 to 166 of the Income-tax Act, 1961 as also corresponding provisions of 1922 Act, are/were enabling provisions which empower the Income-tax authorities, give them an opti...