Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2024 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (1) TMI 274 - DELHI HIGH COURTIncome taxable in India - gains arising from transfer of CCDs - taxability as capital gains - whether not taxable in view of the provisions of Article 13 of the India-Mauritius DTAA? - AO sought to treat the gains as interest, placing reliance upon Section 2(28A) and Article 11 of the India-Mauritius DTAA - HELD THAT:- As noted above, this was also the view of the AAR, which was overruled by this court via the aforesaid judgment [2014 (8) TMI 9 - DELHI HIGH COURT]. It has been brought to our notice that for AY 2011-12, appeals filed by the appellant/revenue have been dismissed by a coordinate bench, wherein the questions of law proposed were similar to those formulated for consideration in the instant appeal. Thus, having regard to the aforesaid position, the above-captioned appeals are closed. Since the appellant/revenue has preferred a Special Leave Petition, which has been converted into a Civil Appeal [i.e., Civil Appeal 10299/2016] [2018 (1) TMI 1688 - SUPREME COURT] counsel for the parties submit that they will abide by the final decision rendered by the Supreme Court in the said appeal. The appeals are, accordingly, closed. Parties will be bound by the stand recorded in para 15 above
|