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Issues involved:
The judgment involves the following issues: 1. Whether the assessee is entitled to deduction at 20% on accrual income. 2. Whether the income (royalty) of the assessee was taxable under the tax treaty between India and Federal Republic of Germany only on a receipt basis. Issue 1: Deduction on Accrual Income The Tribunal restored the issue for fresh adjudication to the file of the Assessing Officer. The High Court decided not to consider this question at this stage as it does not require consideration. Issue 2: Taxability of Royalty Income The High Court noted that a similar issue was raised by the revenue in a previous case involving the same respondent-assessee. In that case, the revenue's appeal was dismissed. Therefore, based on the previous order, the High Court decided not to entertain the question regarding the taxability of royalty income. Conclusion: All seven appeals by the revenue for assessment years 1986-87 to 1992-93 were dismissed by the High Court. No costs were awarded in this matter.
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