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2013 (6) TMI 156 - AT - Income TaxReopening of assessment - assessment ex parte u/s 144 - additions on account of hypothetical tax liability that is chargeable in US with reference to the services rendered in India. CIT(A) following the decision of the Tribunal in CIT vs. Mr. Jaidev H. Raja [2012 (11) TMI 343 - BOMBAY HIGH COURT] and the decision in Nicco Corporation vs. CIT [2001 (5) TMI 42 - CALCUTTA High Court] directed the A.O. to consider the perquisite only to the extent of tax paid by Amex India on behalf of the assessee for additional Indian income tax liability paid for equalization of income earned which comes to Rs. 16,84,498- and accordingly deleted the addition of Rs. 39,03,900/- made by the A.O. Revenue appeal. Held that:- In the absence of any distinguishing feature brought on record by the Revenue, and following the decision of the Hon'ble jurisdictional High Court in CIT vs. Mr. Jaidev H. Raja [2012 (11) TMI 343 - BOMBAY HIGH COURT], there is no need to interfere with the order passed by the ld. CIT(A) on this account and accordingly the Revenue appeal is rejected.
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