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TMI Blog2019 (5) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... actually written off which do not arise out of rural advances are not affected by the proviso to clause (vii) to Section 36(1) of the Act? 2. Whether in the facts and circumstances of the case, the Tribunal was right in applying the ratio of the decision in the PVAL Kulandagan Chettiar's case and excluding the income from the Bangkok branch from the total income, without considering the provisions of the Double Taxation Agreement with Thailand?". 2. The relevant findings of the learned Tribunal with regard to both the issues in question are quoted below for ready reference:- "2. After hearing both the parties, we find taht this issue had come up for adjudication before this Tribunal for the Asst. Year 1999-2000 in ITA No. 421/Mds/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to the file of the Assessing Officer with a direction to decide it afresh in the light of the aforesaid decision after providing adequate opportunity to the assessee of being heard." Following the above decision, we set aside the order of the CIT (Appeals) on this issue and remit the matter back to the file of the Assessing Officer with a direction to decide the issue afresh in the light of the direction given in the earlier order as above. 3. As regards the next ground, after hearing both the parties, we find that this issue was also considered by this Tribunal in the consolidated order dated 21.4.2006 in ITA Nos. 299 to 301 & 605/Mds/2001 in the case of the same Assessee, wherein following the Judgement of the Hon'ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government of any country outside India for granting relief of tax, or for avoidance of double taxation, then in relation to the assessee to whom such agreement applies, the provisions of the Act shall apply to the extent they are more beneficial to that assessee", meaning thereby that the Act gets modified in regard to the assessee in so far as the agreement is concerned if it falls within the category stated therein." 5. Respectfully following the decision of the Hon'ble Supreme Court, we confirm the order of the learned CIT (Appeals) and accordingly the Assessing Officer will enquire into the existence of the Double Taxation Avoidance Agreement between India and Bangkok, as directed by the learned CIT (Appeals). 4. Respectfully ..... X X X X Extracts X X X X X X X X Extracts X X X X
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