TMI Blog1983 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... company, as the agent of the foreign company who has entered into an agreement with it, has submitted a return on behalf of the foreign company for the year ended March 31, 1968. In the said return, the assessee has admitted receipt of technical fees of Rs. 20,000, but claimed that the sum is not taxable for the reason that it was earned in India for technical services rendered outside India. However, the ITO, after considering the various services rendered by the foreign company in India, held that having regard to the nature of the services rendered by the foreign company, its claim that the entire income accrued outside India cannot be accepted. He then proceeded to determine and evaluate the services which, according to him, could be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence is called for with the estimate of 35 per cent. made by the AAC. In that view, the appeal by the Revenue was dismissed. Later, the appeal filed by the assessee came up for hearing before the Tribunal. In that appeal, the Tribunal, taking note of its earlier decision in the assessee's own case, evaluated the services made by the foreign company in India at 20 per cent. and allowed the assessee's appeal and modified the estimate of 35 per cent. made by the AAC to 20 per cent. Thus, as a result of the order of the Tribunal in the assessee's appeal, the evaluation of 35 per cent. of the fee as representing the services rendered by the foreign company in India has been reduced to 20 per cent. In T.C. No. 931 of 1977, the following question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23, 1960, was filed by the assessee showing that the assessee-company itself had conceded that certain portions of the services were rendered in India and a portion of the technical fee was taxable in India. However, it had been stated, in that letter, that the services so rendered in India were insignificant. But, in respect of those years, the Tribunal has evaluated the services done by the foreign company in India as representing 20 per cent. Against the order of the Tribunal, in respect of the earlier years, the assessee has not sought any reference and the decision of the Tribunal so far as it is against the assessee has become final. The Tribunal has chosen to evaluate the services admitted to have been rendered by the foreign compan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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