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2016 (1) TMI 36 - AT - Income TaxEntitlement for benefit of Indo-UK Double Taxation Avoidance Agreement - the assessee filed return of income as representative assessee of a firm of solicitors based in UK, named "Millbank Tweed Hadley and Mccloy". M/s. Zee Telefilms Ltd. had engaged the abovesaid solicitor for its proposed ADR offering. M/s. Zee Telefilms Ltd. paid fees to the solicitors and deduced tax at source of ₹ 70.16 lakhs. Later it filed return of income as a representative of the abovesaid solicitors' firm declaring the total income as nil. Accordingly, the entire amount of TDS deducted by M/s. Zee Telefilms Ltd. was claimed as refund. Held that:- As decided in P and O Nedlloyd Ltd. v. Asst. DIT (International Taxation) [2014 (11) TMI 564 - CALCUTTA HIGH COURT] the benefit of Indo-UK treaty is available to the partnership firm registered in UK even though the firm is not recognised as taxable entity under the taxation provisions of UK. Thus we hold that the assessee is entitled to Indo-UK Double Taxation Avoidance Agreement benefits and accordingly dismiss the appeal filed by the Revenue. - Decided against revenue
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