Deputy Commissioner of Income-tax, Indore v. M/s. Tripti Trading and Investment Ltd - 2017-LL-0309-26

Citation	2017-LL-0309-26
Appellant Name	Deputy Commissioner of Income-tax, Indore
Respondent Name	M/s. Tripti Trading and Investment Ltd.
Court	SUPREME COURT
Relevant Act	Income-tax
Date of Order	09/03/2017
Judgment	View Judgment
Keyword Tags	double taxation
Bot Summary:	IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1521 OF 2007 Deputy Commissioner of Income Tax, Indore Appellant VS. M/s. Tripti Trading and Investment Ltd. ...Respondent ORDER The present appeal arises out of impugned order dated 28th March, 2006 passed by the High Court of Madhya Pradesh at Indore wherein the High Court has held that the dividend income received by the assessee from a foreign country was exempted from taxation, in view of the provisions of the Double Taxation Avoidance Agreement between Government of India and Government of the foreign country. Mr. Yashank P.Adhiyaru, learned senior counsel appearing for the appellant submitted that this issue has been decided against the Revenue by this Court in Civil Appeal No.4485 of 2007 in the case of Dy. Commr. 17:34:21 IST Reason: 1 Respectfully following the aforesaid decision, the judgment and order of the High Court is upheld. Pending application, if any, also stands disposed of. UPON hearing the counsel the Court made the following ORDER The appeal is dismissed in terms of the signed order.

IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1521 OF 2007 Deputy Commissioner of Income Tax, Indore Appellant VS. M/s. Tripti Trading and Investment Ltd. ...Respondent ORDER present appeal arises out of impugned order dated 28th March, 2006 passed by High Court of Madhya Pradesh at Indore wherein High Court has held that dividend income received by assessee from foreign country was exempted from taxation, in view of provisions of Double Taxation Avoidance Agreement between Government of India and Government of foreign country. Mr. Yashank P.Adhiyaru, learned senior counsel appearing for appellant submitted that this issue has been decided against Revenue by this Court in Civil Appeal No.4485 of 2007 in case of Dy. Commr. Of Income Tax, Ujjain vs. M/s. Torqouise Investment & Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2017.03.21 Finance Ltd. reported in 2008 Vol.300 ITR 1. 17:34:21 IST Reason: 1 Respectfully following aforesaid decision, judgment and order of High Court is upheld. appeal fails and is dismissed. There shall be no order as to costs. Pending application, if any, also stands disposed of. J. [R.K. AGRAWAL] J. [ABHAY MANOHAR SAPRE] New Delhi; March 9, 2017. 2 ITEM NO.105 COURT NO.10 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 1521/2007 DY. COMMNR. OF INCOME TAX,INDORE Appellant(s) VERSUS M/S TRIPTI TRADING AND INVESTMENT. LTD. Respondent(s) (With office report) Date : 09/03/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Mr. Yashank P.Adhiyaru,Sr.Adv. Ms. Swarupama Chaturvedi,Adv. Ms. Sadhana Sandhu,Adv. For Mrs. Anil Katiyar,Adv. For Respondent(s) Mr. Syed Shahid Hussain Rizvi,Adv. Mr. N.A. Usmani,Adv. UPON hearing counsel Court made following ORDER appeal is dismissed in terms of signed order. (Anita Malhotra) (Chander Bala) Court Master Court Master (Signed order is placed on file.) 3 Deputy Commissioner of Income-tax, Indore v. M/s. Tripti Trading and Investment Ltd

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