https://www.taxtmi.com/caselaws?id=238304 Reassessment under section 147 was treated as unsustainable where the assessee had already disclosed royalty receipts, TDS certificates, computation details and year-wise reconciliation in the original scrutiny assessment, leaving no new tangible material and indicating only a change of opinion. For a non-resident assessee following the cash system, royalty income covered by Article 12 of the India-USA treaty was linked to receipt rather than accrual, so taxation on an accrual basis, along with denial of corresponding TDS credit and levy of interest under section 234B, could not be sustained. The royalty was to be taxed on receipt basis in line with the treaty language and accounting method. en-us Fri, 01 Feb 2013 00:00:00 +0530 Fri, 27 Oct 2017 16:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238304 Reassessment under section 147 was treated as unsustainable where the assessee had already disclosed royalty receipts, TDS certificates, computation details and year-wise reconciliation in the original scrutiny assessment, leaving no new tangible material and indicating only a change of opinion. For a non-resident assessee following the cash system, royalty income covered by Article 12 of the India-USA treaty was linked to receipt rather than accrual, so taxation on an accrual basis, along with denial of corresponding TDS credit and levy of interest under section 234B, could not be sustained. The royalty was to be taxed on receipt basis in line with the treaty language and accounting method. Case-Laws Income Tax Fri, 01 Feb 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238304