The Director Of Income Tax (It)-1 v. M/S. Siemens Aktiengesellschat

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2356 OF 2011WITHINCOME TAX APPEAL NO 2357 OF 2011WITHINCOME TAX APPEAL NO 2384 OF 2011WITHINCOME TAX APPEAL NO 2386 OF 2011WITHINCOME TAX APPEAL NO 2387 OF 2011WITHINCOME TAX APPEAL NO 2428 OF 2011WITHINCOME TAX APPEAL NO 2429 OF 2011 The Director of Income Tax (IT)-1. ..Appellant. v. M/s. Siemens Aktiengesellschat...Respondent. Mr. Suresh Kumar for the Appellant. Mr. P. J. Pardiwala, Senior Advocate i/by Crawford Bayley & Co. for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 7th March, 2013 PC: In these seven appeals by the revenue for assessment years 1986-87 to 1992-93 following common questions of law have been raised for our consideration. a)Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in holding that the assessee is entitled for deduction @ 20% on accrual income? b)Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in holding that the income (royalty) of the assessee was taxable under the tax treaty between India and Federal Republic of Germany only on receipt basis? 2)So far as question (a) is concerned, the Tribunal in the impugned order has restored the issue for fresh adjudication to the file of the Assessing officer. In that view of the matter, this question does not require consideration at this stage. Accordingly, we see no reason to entertain question (a). 3)So far as question (b) is concerned, Counsel for the parties state that an identical issue was raised by the revenue in respect of the same respondent-assessee before this Court in Income Tax Appeal No.124 of 2010 and by order dated 22/10/2012 the revenue's appeal was dismissed. In the above view of the matter, for the reasons mentioned in our order dated 22/10/2012 in Income Tax Appeal No.124 of 2010, we see no reason to entertain question (b). 4)Accordingly, all the seven appeals are dismissed. No order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)