9911796707
TMI Blog1997 (1) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... eference made by the Income-tax Appellate Tribunal (hereinafter referred to as "the Tribunal") wherein the following question was referred for the opinion of the High Court : "Whether, on the facts and in the circumstances of the case, the Tri bunal was right in holding that the sum of Rs. 1 lakh was income derived from money lent at interest and brought into Pakistan in cash or in kind within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... moneys lent on interest and brought into Pakistan in cash or in kind. The Tribunal agreed with the Appellate Assistant Commissioner and upheld the claim of the assessee that the matter fell within the ambit of clause 5(f) of the Schedule to article IV of India and Pakistan Avoidance of Double Taxation Agreement and it did not accept the claim of the Revenue that it fell under clause 9 of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the foregoing items of this Schedule. 100 per cent. by the Dominion in which the income actually accrues or arises. Nil by the other. The High Court after considering the said clauses has observed as under : "In clause 5(f) of the Agreement, Pakistan is entitled to the charge of 100 pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee to take the benefit of cl. 5(f) of art. IV of the Indo-Pakistan Agreement." We have heard Shri R. R. Mishra, learned senior counsel for the Revenue, and Shri J. Ramamurthy, learned senior counsel, who was requested to assist the court on behalf of the respondent as amicus curiae. In our opinion, the High Court has rightly held that clause 9 was not attracted in this case and clause 5(f) wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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