1990 (8) TMI 57 - HC - Income Tax

Summary

The High Court of Bombay dismissed an application under section 256(2) of the Income-tax Act, 1961. The Tribunal's cancellation of the Commissioner of Income-tax's order under section 263 was upheld. The issue of service fees received by the assessee from BASF (India) Ltd. was deemed not taxable under the Double Taxation Avoidance Agreement between India and the Federal German Republic. The Department's question on the agreement's applicability was considered academic and the appeal was dismissed with no costs.