2019 (3) TMI 1668

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.... Agrawal i/b. Mr.Atul Jasani, Advocate 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 th....

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....tracting State and paid to a resident of the other Contracting 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....

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....t question is concerned, the Income Tax Appellate Tribunal referring to para­1 to 3 under 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 Reve....