2004 (7) TMI 28

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....ncome-tax Appellate Tribunal, Madras Bench "C", dated July 3, 2003 in I.T.A. No. 364 of 1995. The following substantial questions of law are raised for consideration: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the technical and engineering fees received by the assessee is not exigible to tax in view of the Dou....

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.... For the assessment year 1988-89, the assessment was completed on March 24, 1994 under section 143(3) read with section 263 of the Income-tax Act. The assessee disputed the assessability of an amount of Rs. 39,20,252 being the fees received for technical and engineering services rendered by the assessee outside India. According to the Assessing Officer, this was assessable as income from India sub....

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....VR. S.R.M. Firm [1994] 208 ITR 400, wherein the issue has been decided in favour of the assessee, dismissed the Revenue's appeal. Hence the present appeal by the Revenue. The issue that arises for consideration in this appeal is whether the technical fee earned by the assessee from sources in Malaysia cannot be taxed in India and the technical fee earned by the assessee can be subjected to deduct....

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....al Act. Where tax liability is imposed by the Act, the agreement may be resorted to either for reducing the tax liability or altogether avoiding the tax liability. In case of any conflict between the provisions of the agreement and the Act, the provisions of the agreement would prevail over the Act in view of the provisions of section 90(2). Section 90(2) makes it clear that 'where the Central Gov....