2019 (3) TMI 1668

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e for Respondent. P.C. : 1. Revenue has filed this Appeal raising following question for our consideration; "Whether on the facts and circumstances of the case and in law, the ITAT is correct in directing the Assessing Officer to accept the interest income returned by the assessee on cash basis whereas the A.O. has made additions on the ground that interest income was liable to be assessed on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....State may be taxed in that other State." 5. It was pointed out by the learned Counsel for assessee that DTAA between India and Germany also contains an identical clause in Article VIII. Clause (1) thereto provides as under; (1) Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State." 6. This Court in case of Director of In....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....der Article IIX­A of the Double Taxation Avoidance Treaty with the Federal Germany Republic as per Notification dated 26th August 1985 held that the assessment of royalty or any fees for technical services should be made in the year in which the amounts are received and not otherwise. Counsel for the Revenue relied upon the Special Bench decision of the Tribunal in the assessee's own case,....