Director of Income Tax (IT)-II v. M/s.International Global Networks BV
[Citation -2014-LL-1212-1]
| Citation | 2014-LL-1212-1 |
|---|---|
| Appellant Name | Director of Income Tax (IT)-II |
| Respondent Name | M/s.International Global Networks BV |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 12/12/2014 |
| Assessment Year | 2004-05 |
| Judgment | View Judgment |
| Keyword Tags | change of opinion • double taxation |
| Bot Summary: | h. ig CORAM : S.C.DHARMADHIKARI A.A. SAYED, JJ. H DATED : 12 DECEMBER 2014 P.C. This Appeal of the Revenue challenges the order y passed by the Tribunal in the Assessee's Appeal being Income Tax ba Appeal No.6314/M/2010 for the Assessment Year 2004-05. The Dispute Resolution Panel-1 -Mumbai passed an order on 7 May 2010, which was assailed and challenged by the Assessee before the Tribunal. The Assessee raised several B grounds, but page 36 of the Paper Book would reveal that grounds Nos.2, 3 4 were without prejudice to ground No.1. Ground No.1 of the Assessee's Memo of Appeal before rt the Tribunal reads as under: ou The Learned AO has erred in reopening the assessment proceedings originally completed under section 143(3) of the Act, without appreciating that no new fact/material has come into the knowledge of the Learned AO, evidencing C escapement of income. On ground No.1, the argument of the Assessee was h that there is no material to indicate as to how inclusion of interest on ig income tax refund under Article 11 of the Double Taxation Avoidance H Agreement was incorrect and leading to the Assessing Officer to issue notice under section 148. The Tribunal allowed ground No.1 in the Assessee's Memo of Appeal, reproduced above. Since, we are of the view that the Appeal does not raise any substantial om question of law on question No.2, by keeping open other questions and for being decided in a appropriate case, we dismiss this B Revenue's Appeal. |