TMI Blog2022 (5) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal nevertheless. Having heard the rival contentions, and having perused the material on record we find that an inadvertent error have indeed crept in our order dated 07.04.2021 inasmuch as there was no specific adjudication on the ground no 9 and 10. We therefore, we deem it fit and proper recall the impugned order for the limited purposes of disposing of ground no 9 and 10 above. The registry is directed post the matter for hearing, on these limited grounds of appeal in the first half of July. Ordered, accordingly. - MA No 262/Mum/2021 In ITA No. 1812/Mum/2018, MA No 263/Mum/2021 In ITA No. 1813/Mum/2018 And MA No 264/Mum/2021 In ITA No.1814/Mum/2018 - - - Dated:- 5-5-2022 - Pramod Kumar (Vice President) And Sandeep Singh Karh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount of such income assessed in the Appellant's hands represents the grossed-up amount in view of section 198 of the Act, as the arrangement was that tax thereon was to be borne by the Indian borrowers. The entire liability to pay tax stands discharged by the deduction of tax at source. Once the Appellant has been assessed on grossed up basis and it has received only the net amount from the Indian borrowers i.e., after deduction of tax at source, then, in view of section 205 of the Act and Office Memorandum No. F. No. 275/29/2014-IT(B) dated 11 March 2016, the Appellant cannot be called upon to pay the tax, notwithstanding whether the payer of income/deductor of tax has deposited the tax into the Government account. In this regard, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raising a demand, in respect of taxes already deducted at source appropriately by the deductor and, making a demand of the said taxed which is not in consonance as per provisions of section 205 of the Act. 3. Learned Departmental Representative fairly does not dispute the factual element embedded in the plea of the assessee, but relies upon the order of the Tribunal nevertheless. 4. Having heard the rival contentions, and having perused the material on record we find that an inadvertent error have indeed crept in our order dated 07.04.2021 inasmuch as there was no specific adjudication on the ground no 9 and 10. We therefore, we deem it fit and proper recall the impugned order for the limited purposes of disposing of ground no 9 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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