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2021 Supreme(Del) 1263
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Principal Com0missioner Of Income Tax (central) - 3 - Appellant
Versus
Krishak Bharati Co-operative Ltd - Respondent
Income Tax Appeal No. 177 of 2021, Civil Miscellaneous Application No. 45987 of 2021
Decided On : 20-12-2021
The court relied on the interpretation of the provisions of the Income Tax Act, 1961 and the Indo Oman DTAA, and the applicability of previous judgments to dismiss the appeal.
Headnote:
Interpretation - Income Tax Act, 1961 and Indo Oman DTAA - The court dismissed the appeal based on the interpretation of the provisions of the Income Tax Act, 1961 and the Indo Oman DTAA, and the previous judgment by the Coordinate Bench.
Fact of the Case:
The appellant challenged the order passed by ITAT regarding the taxation of dividend income and the benefits of Indo Oman DTAA.
Finding of the Court:
The court dismissed the appeal based on the previous judgment by the Coordinate Bench and the absence of a stay on the judgment.
Issues: Interpretation of provisions of Income Tax Act, 1961 and Indo Oman DTAA, and the applicability of previous judgments.
Ratio Decidendi: The issues raised in the present appeal were considered no longer res integra based on the previous judgment by the Coordinate Bench.
Final Decision: The present appeal along with pending application is dismissed in view of the judgment passed by the Coordinate Bench in ITA 578/2016.
JUDGMENT
Manmohan, J. - Present appeal has been filed challenging the order dated 20th January, 2020 passed by ITAT in ITA No 1471/Del/2017.
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.
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.
