9911796707
TMI Blog2013 (7) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.51,30,814/- being Advance Corporation Tax, paid in United Kingdom on dividend paid to the assessee by UK companies. 2. That the Ld. CIT (A) having accepted that the assessee had claimed refund of Advance Corporation Tax paid in United Kingdom, ought to have directed the Assessing Officer to refund/ allow its credit to the assessee in accordance with the provisions of law and DTAA between India and United Kingdom. 3. That the Ld. CIT (A) failed to understand the provisions of DTAA between India and United Kingdom and the manner of allowing credit to the assessee, of Advance Corporation Tax paid in the United Kingdom. 4. That the Ld. CIT (A) erred in observing that the reasons for denial of credit by the Assessing Officer have not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. CIT (A) dismissed the appeal of the assessee vide order no.375/99-2000 dated 27.02.2003. 3. The assessee again revived the issue by filing an appeal before CIT (A) against assessment order passed u/s 143(3) and Ld. CIT (A) vide order dated 28.03.2003 directed the Assessing Officer to look into the matter and give appropriate relief to the assessee after allowing adequate opportunity to the assessee, notwithstanding the fact that the CIT (A) had already rejected the assessee's plea on the same issue. However, the Assessing Officer then vide order dated 15.01.2004 again rejected the claim of the assessee by holding as under: "a) That the credit for which the assessee is claiming credit was in the form of certificate only and no credits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er also wherein the assessee's plea for giving credit for advance corporation tax credit in the United Kingdom was rejected through an order which was subsequently confirmed by the CIT (A), I find no force in the assesssee's plea and the request of the assessee fails to that extent." 4. Against this order, the assessee again went into appeal and Ld. CIT (A) vide order dated 25.10.2004 upheld the order of Assessing Officer by holding as under: "Ground Noa.1 to 6 All the grounds of appeal are directed against the decision of the Assessing Officer in not allowing credit of Rs.51,30,814/- being the Advance Corporation Tax paid in U.K which had been claimed as refund due. The Assessing Officer has given detailed reasons for rejecting the clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations made in para 22 in its logical way. In spite of what is stated in para 20, the appellant was not entitled to the refund under Article 24 of the DTAA of the Act, no reasons for that aspect is forthcoming. For this reason alone, we remit the case back to the Tribunal to decide this aspect conclusively giving its reason." 6. In view of the above, Hon'ble High Court's directions the parties appeared before Tribunal from time to time. 7. At the outset, the Ld. AR of the assesee took us to paper book pages 22 and 23, which was a part of agreement between India and United Kingdom and read article-11 in respect of dividend. Our attention was also invited to article 24 placed at paper book page 28 and in view of the above, article 24 it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh decision in other proceedings for that very assessment year. This would be against the principles of resjudicata. On that ground also the appeal filed by the assessee is to be dismissed. 22. In view of the above, the assessee is not entitled to any refund of the credit of Rs.51,30,814/- being Advance Corporation Tax paid by the U. K. companies on dividend distributed to the assessee." 10. We further observe that the Hon'ble High Court has set aside the order of Tribunal and it has directed the Tribunal to elaborate the reasons for arriving at its findings in para 22. The Tribunal in its order dated 06.03.2009 has dismissed the appeal of the assessee by holding that the matter had already been decided by Ld. CIT (A) in appeal against or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
