DCIT, Circle 16(2), Mumbai vs. M/S Cyril Amarchand Mangaldas, Mumbai
In the result, the appeal by the Revenue for the assessment year 2017-
ITA 1047/MUM/2023[2018-2019]Status: DisposedITAT Mumbai28 Jun 2023AY 2018-2019
Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail
For Appellant: Shri Rajesh ParekhFor Respondent: Shri Shambhu Yadav
Section 142(1)Section 143(2)Section 143(3)Section 250Section 90
…basic provision, but, for our present purposes, those conditions are not really relevant. That brings us to the question as to what are the connotations of "in accordance with the provisions" of the tax treaty. In the case of Nav Bharat Vanijya Vs CIT [(1980) 123 ITR 865 (Cal)], Hon'ble Calcutta High Court has observed that "(t)he words 'in accordance with', mean being in agreement or harmony with; in conformity to: vide the Compact Edition of the Oxford English Dictionary, Vol. I, page 62". In paragraph 32.5 of the OECD Model Convention Commentary, 2017, as indeed in its earlier versions, it is, inter alia, stat…