9911796707
TMI Blog2014 (11) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... None ORDER Per D. Manmohan, V.P. This is an appeal filed at the instance of the Revenue and it pertains to AY 2007-08. 2. The only ground urged by the Revenue reads as under: - "1. Whether on the facts and circumstances of the case and in law, the CIT(A) is correct in holding that Article under which interest u/s. 244A of I.T. Act, 1961 is taxable cannot be decided in proceedings u/s 154 with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings were initiated under section 154 of the Act to bring to tax the interest income. The case of the assessee is that any item of income which has not been defined in particular would fall under Article 23 of the DTAA whereas interest on refund is expressly covered in Article 11 of the DTAA. The AO rejected the contention of the assessee in the proceedings under section 154 of the Act and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ITAT Special Bench (supra). However, he supported the stand of the Revenue by submitting that Article 23 is applicable in the instant case. 6. We have carefully considered the submissions of the learned D.R. and perused the record. In the light of the decision of the Special Bench of the ITAT, Delhi (supra) we are of the view that the issue is at least a debatable one and hence beyond the pale ..... X X X X Extracts X X X X X X X X Extracts X X X X
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