2004 (7) TMI 35

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.... following substantial question of law: "Whether, on the facts and in the circumstances of the case and in terms of the Double Taxation Avoidance Agreement with Germany, the Income-tax Appellate Tribunal was right in holding that the payment made to the assessee-foreign company was taxable at the rate of 20 per cent, as technical know-how fees and not at 30 per cent, as royalty?" The assessment ....

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....and accordingly held that it has to be taxed at 30 per cent, in pursuance of section 115A. Aggrieved against the said order of the Assessing Officer, the assessee filed the appeal before the Commissioner of Income-tax (Appeals) (hereinafter called "the Commissioner"). The Commissioner held that the amount received would be termed only as a technical know-how fees and accordingly it is taxable at ....

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....dered the contentions raised by learned standing counsel for the appellant. A perusal of the order of the Commissioner discloses that a factual finding was rendered with reference to the agreement entered into between the parties to the effect that the payment of royalty is directly linked to commercial production of machines by the Indian company. The Commissioner further held that for the asses....

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....ctual finding based on appreciation of evidence to the effect that the order of the Assessing Officer as not a correct one. Even though the appellant has not succeeded before both the appellate authorities, it has chosen to file the present appeal, by contending that the substantial question of law as stated supra should be decided by this court. A perusal of the substantial question of law clearl....