TMI Blog2012 (7) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... either from the record or at the time of hearing before it. Commissioner (Appeals) as well as the Tribunal, have concurrently arrived at the findings that the assessee is eligible for the benefit. The finding arrived at by the Tribunal is based on material before it and was based on the reading of the documents submitted by assessee whereby it was pointed out that necessary requirement about place of effective management under the relevant clause of agreement was satisfied. No substantial question of law. - TAX APPEAL No. 12 of 2012 - - - Dated:- 4-7-2012 - MR.JUSTICE V. M. SAHAI AND MR.JUSTICE N.V. ANJARIA MRS MAUNA M BHATT FOR THE APPELLANT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) The present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avoiding double taxation and preventing the fiscal evasion. 3.1 The Assessing Officer in his Assessment Order dated 30th December 2008 determined the taxable income at ₹ 58,66,795/demanding the tax of ₹ 24,77,547/as payable rejecting the benefit which was claimed by the assessee under DTAA. According to the Assessing Officer, the assessee had failed to supply documents necessary to avail the benefit. 3.2 In the proceedings of appeal, upon an application by the respondent, the appellate commissioner permitted production of certain documents by the assessee. He was of the view that due to short time the assessee could not produce the same before the Assessing Officer. Copies of certificate of incorporation in Netherlands, ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed the appeal of the Revenue and confirmed the order of the Appellate Commissioner. The Tribunal observed inter alia as under: We find that though, certain details were not filed before the AO but same was filed before the CIT(A). The CIT(A) has accepted the document as there were sufficient reason for which the assessee could not file certain documents. The documents filed before the CIT(A) and the CIT(A) called the remand report from the AO. The AO submitted the remand report dated 27.02.2010. The CIT(A) after considering the relevant material and remand report of the AO, find that the effective management of the assesseecompany is in Netherlands. Accordingly, the benefit disallowed by the AO has been allowed. The revenue h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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