PRINCIPAL COM0MISSIONER OF INCOME TAX (CENTRAL) - 3 vs. KRISHAK BHARATI CO-OPERATIVE LTD

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ITA/177/2021HC DelhiDLHC01039357202120 December 2021Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE NAVIN CHAWLA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the issues raised in the present appeal were already decided by a Coordinate Bench in a similar case (ITA 578/2016). Since there was no stay on that earlier judgment, the present appeal was dismissed.

What were the facts?

The Revenue appealed against an ITAT order concerning the taxability of dividend income and the applicability of the Indo-Oman Double Taxation Avoidance Agreement (DTAA). The Revenue argued that the ITAT misinterpreted the Income Tax Act and the DTAA.

What were the issues?

Whether dividend income was taxable and eligible for exemption under the Indo-Oman DTAA. The interpretation of the Income Tax Act and the DTAA provisions.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

ITA 177/2021

Page 1 of 2

$~S-101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 177/2021 & CM APPL. 45987/2021 PRINCIPAL COM0MISSIONER OF INCOME TAX (CENTRAL) – 3

..... Appellant

Through: Ms.Vibhooti Malhotra, Advocate.

versus

KRISHAK BHARATI CO-OPERATIVE LTD ..... Respondent

Through

Date of Decision: 20th December, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

MANMOHAN, J (Oral) 1. Present appeal has been filed challenging the order dated 20 : th 2. Learned counsel for the appellant submits that the ITAT has erred in not considering that the Revenue has filed SLP before the Supreme Court of India against the order passed by this Court in ITA 578/2016. She states that the Tribunal further erred in holding that the dividend income was taxable but exempted under Omani Law and entitled the assessee to the benefits of Indo Oman DTAA. She states that the provisions of Income Tax Act, 1961 as well as Indo Oman DTAA were wrongly interpreted by the Tribunal. January, 2020 passed by ITAT in ITA No 1471/Del/2017. Digitally Signed By:KRISHNA BHOJ Signing Date:21.12.2021 19:37:41 Signature Not Verified

ITA 177/2021

Page 2 of 2

3.

A perusal of the paper book reveals that the issues raised in the present appeal are no longer res integra, as the Coordinate Bench in ITA 578/2016 has dismissed the revenue’s appeal on similar grounds. 4. Admittedly, there is no stay of the judgment and order passed by the Coordinate Bench in ITA 578/2016. 5. Accordingly, the present appeal along with pending application is dismissed in view of the judgment passed by the Coordinate Bench in ITA 578/2016.

MANMOHAN, J

NAVIN CHAWLA, J DECEMBER 20, 2021 TS

Digitally Signed By:KRISHNA BHOJ Signing Date:21.12.2021 19:37:41 Signature Not Verified

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