(1) For the purposes of this Act," agent", in relation to a non- resident, includes any person in India-
who is employed by or on behalf of the non- resident; or
who has any business connection with the non- resident; or
from or through whom the non- resident is in receipt of any income, whether directly or indirectly; or
who is the trustee of the non- resident; and includes also any other person who, whether a resident or non- resident, has acquired by means of a transfer, a capital asset in India: Provided that a broker in India who, in respect of any transactions, does not deal directly with or on behalf of a non- resident principal but deals with or through a non- resident broker shall not be deemed to be an agent under this section in respect of such transactions, if the following conditions are fulfilled, namely:-
the transactions are carried on in the ordinary course of business through the first- mentioned broker; and
the non- resident broker is carrying on such transactions in the ordinary course of his business and not as a principal.