THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. SUPERB MIND HOLDING LTD.

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ITA - 523 / 2024HC Delhi15 October 20242 pages
For Petitioner: RUCHIR BHATIA
AI SummaryRemanded

What did the High Court hold?

The High Court admitted the appeal for hearing, indicating that the ITAT's decision on the Assessee's entitlement to DTAA benefits is under review. The court will examine whether the ITAT correctly applied the provisions of the DTAA, including Article 27A.

What were the facts?

The Revenue has appealed an ITAT order concerning assessment year 2018-19. The appeal challenges the ITAT's decision regarding the Assessee's eligibility for benefits under the Indo-Mauritius Double Tax Avoidance Agreement (DTAA).

What were the issues?

Whether the Assessee is entitled to benefits under the Indo-Mauritius DTAA and if Article 27A of the DTAA was correctly disregarded in evaluating the claim for benefits under Article 13.

Which sections of the Income-tax Act were involved?

Article 13, Article 27A

AI-generated summary — verify with the full judgment below

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 523/2024 THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3

.....Appellant Through: Mr. Assem Chawla, SSC with Ms. Pratishtha Chaudhary, Adv.

versus

SUPERB MIND HOLDING LTD.

.....Respondent

Through: Mr. Salil Aggarwal, Sr. Adv. with Mr.

Uma Shankar and Mr. Madhur

Aggarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R %

15.10.2024 1. Issue notice. 2. The learned counsel for the respondent accepts notice. 3. The Revenue has filed the present appeal impugning an order dated 05.03.2024 passed by the learned Income Tax Appellate Tribunal (hereafter the ITAT) in ITA No.1568/Del/2022 in respect of assessment year 2018-19. 4. The learned counsel appearing for the Revenue has projected the following substantial questions of law for consideration of this Court: “1. Whether on the facts and circumstances of the case and in law, the Hon’ble Income Tax Appellate Tribunal (“ITAT”) has erred in holding that the Assessee is entitled to claim the benefits as envisioned under the extant Indo-Mauritius Double Tax Avoidance Agreement (“DTAA”).

2.

Whether on the facts and circumstances of the case and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:34:01

in law, the Hon’ble ITAT was right in disregarding the provisions of Article 27A of the DTAA for the purposes of evaluating the claim of eligibility of the Assessee to the benefits of Article 13 of the DTAA.”

5.

Admit. 6. List for hearing on 19.02.2025.

VIBHU BAKHRU, J

SWARANA KANTA SHARMA, J OCTOBER 15, 2024 A

Click here to check corrigendum, if any

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:34:01

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