First Abu Dhabi Bank Pjsc, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation)-Circle 2(3)(1), Mumbai
In the result, the appeal of the assessee is partly allowed
ITA 3279/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Feb 2024AY 2020-21
Bench: Shri Amit Shukla & Shri Amarjit Singhfirst Abu Dhabi Bank Vs. Deputy Commissioner Of Pjsc, Unit No.1101 & Income-Tax (It), Circle 1201 Platina Building, C- 2(3)(1), Room No. 1614, 59, G Block, Bandra Kurla 16Th Floor, Air India Complex, Bandra East, Building, Nariman Point, Mumbai – 400051 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaecn2845F Appellant .. Respondent Appellant By : Madhur Agarwal Respondent By : Anil Sant Date Of Hearing 07.02.2024 Date Of Pronouncement 27.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Deputy Commissioner Of Income Tax, International Taxation, Circle 2(3)(1), Mumbai-2, Dated 20.07.2023 For A.Y. 2020-21. The Assessee Has Raised The Following Grounds Before Us: 1. Ground No. 1: The Learned Ao Has, On The Facts & Circumstances Of The Case & In Law, Erred In Initiating & Completing Assessment Proceedings Under Section 143(3) Of The Act Without Issuing A Valid Notice Under Section 143(2) Of The Act Ie, The Notice Under Section 143(2) Of The Act Dated 29 June 2021 For Initiating Assessment Was Issued By National Faceless Assessment Centre (Nafac) Instead Of Being Issued By The Learned Ao (I.E Jurisdictional Assessing Officer) 2. Ground No. 2:
For Appellant: Madhur AgarwalFor Respondent: Anil Sant
Section 143(2)Section 143(3)Section 153Section 155(18)Section 270ASection 80G
…uring the course of appellate proceedings before us the ld. Counsel submitted that similar issue on identical fact has been adjudicated by the ITAT in the following cases: 1. Special Bench of Mumbai ITAT in Sumitomo Mitsui Banking Corporation v/s DDIT, [2012] 163 ITD 66 (Mum)(SB) 2. Hon'ble Calcutta HC in ABN Amro Bank NV v. CIT (ITA No. 458 of 2005] 3. Hon'ble Mumbai HC in ADIT v. Credit Agricole Indosuez [ITA No. 1430 of 2013] As per Section 90(2) of the Act, where an assessee is a resident of a country with whom India has entered into an agreement for avoidance of double taxation (DTAA) the provisions of the D…
