Tax Management India. Com
                        Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home

2018 (10) TMI 1802

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d taken notice of the reduction of rate of tax and tax credit was only given for the tax paid in Oman. Change in tax rates/slab, therefore, would not make any difference; nor would it negate the ratio of the decision dated 02.08.2017 passed by the Division Bench of this Court [2017 (8) TMI 422 - DELHI HIGH COURT] pertaining to the assessment year 2010-11. The ratio of the order would accordingly apply. No substantial question of law - IT Appeal 1090 Of 2018, CM appl. Nos. 40595 And 45166 of 2018 - Dated:- 29-10-2018 - Sanjiv Khanna And Anup Jairam Bhambhani, JJ. Zoheb Hossain, Sr. Adv. and Deepak Anand, Adv. for the Appellant. ORDER CM APPL. 40595/2018 (seeking condonation of delay) 1. Learned counsel for the respondent-assessee does not op .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... -12 reads as under: "DECISION 9. I have carefully considered the submissions of the assessee. Similar issues had arisen in the case of the assessee for the A.Y. 2010-11. 10. A detailed order was passed on 29.03.2016 u/ s 263. 11. The AO is directed to follow the order passed u/s 263 for the A.Y. 2010-11 even for the A.Y. 2011-12. 12. It may be mentioned that on the issue of tax credit the assessee had relied upon letters dated 06.08.2000 and 11.12.2000 before the Hon'ble ITAT in the case of KRIBHCO. The assessee had also relied upon the decision of the Hon'ble ITAT in the case of M/ s KRIBHCO for advancing his arguments in the case of M/s IFFCO. 13. In the similar case i.e. M/s KRIBHCO, the Hon'ble ITAT has given relief to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r Section 263 of the Act relating to the assessment year 2010-11. It is also recorded that the Tribunal had quashed the said order for the assessment year 2010-11; however, an appeal had been preferred by the Revenue before the Delhi High Court. Hence, the Principal Commissioner for consistency and as the issue had not attained finality had passed the order under Section 263 of the Act for the assessment year 2011-12. 8. In the aforesaid background, ex facie the order dated 02.08.2017 passed in ITA No. 597/2017 for the assessment year 2010-11 would equally apply to the present appeal. 9. The contention of the Revenue that there was material change in view of the reduction of tax rate applicable to the respondent-assessee in Oman is inconseq .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map ||