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TMI Blog2019 (3) TMI 1668X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee can be taxed on the basis of accrual without receipt thereon or can it be taxed only upon receipt? - HELD THAT:- In M/s Siemens Aktiengesellschaft [ 2012 (12) TMI 737 - BOMBAY HIGH COURT] 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 Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr.F.V. Irani a/w Mr.Madhur 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se (1) of Article 11 reads 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. This question was considered in following manner; 2. As regards first question is concerned, the Income Tax Appellate Tribunal referring to para 1 to 3 under Article IIX A 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 y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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