1985 (7) TMI 18

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....this case, the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore ("Tribunal"), at the instance of the Revenue, has referred the following question of law for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no part of the sum of Rs. 26 lakhs could be taken as having accrued or arisen or deemed to have accrued....

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....ssment order, the assessee filed an appeal before the Appellate Assistant Commissioner who by his order dated March 31, 1977 allowed the same. Against the said order of the Appellate Assistant Commissioner, the Revenue filed a second appeal before the Tribunal which by its order dated July 24, 1978 dismissed the same. Hence, this reference at the instance of the Revenue. Sri K. Srinivasan, seni....

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....land. (ii) Under clause 5 of the collaboration agreement, the payment of 26 lakhs was 'for supply of technical know-how, for drawings, designs, documentation'. All the documents relating to technical know-how were given on the date of agreement in Switzerland. (iii) No employee of the Swiss company was deputed to India to even hold that the Swiss company rendered service through its employee....