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2013 (11) TMI 429 - HC - Income TaxTDS u/s 195 - Issuance of Certificate of No TDS or Nill Rate of TDS u/s 197 - DTAA between USA and India - AO refused to issue the certificate on the ground that the FTD of CBDT had informed that no request for inclusion of Assessment Year 201112 i.e. financial Year 201011 had been received for MAP - CIT refused to revise the order u/s 264 - Mutual Agreement Procedure (MAP) to approach to competent authority for resolving tax issues - taxability of income under an agreement from its overseas customers in respect of parcels/documents to be delivered in India. Held that:- it is contended that unless the application made to the Competent Authority under the MAP has been admitted, the MOU does not become operational so as to suspend the Assessment and collection of taxes. The word admitted by Indian Competent Authority only means that the Competent Authority in India has to admit i.e. acknowledge that the MAP proceedings have been invoked by tax payers through the Competent Authority in USA. It does not mean that the invocation of the MAP proceedings by Competent Authority by the tax payer has been admitted for the future consideration by the authorities. Order of CIT rejecting revision application u/s 264 is not sustainable in law as it is in the face of Article 27 of the DTAA entered into between USA and India and clause 6 (iii) of MOU entered into between Competent Authority in USA and India in respect of application made to any of them under the MAP proceedings. - Decided in favor of assessee.
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