9911796707
TMI Blog2017 (6) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... 244A of the Act. 3. At the outset the Learned Counsel for the assessee submits that this issue has been decided in its favor following the Special Bench Delhi in the case of ACIT v. Clough Engineering Limited 9 ITR (Trib) 618 by the coordinate bench of this Tribunal in assessee's own case for the assessment year 2005-06 in ITA.No.2523/Mum/2010 dated 28.08.2015, a copy of which is placed on record. The Learned Counsel further submits that following the said order of the coordinate bench for the Assessment Year 2005-06 this issue has been decided in the Assessment Year 2007-08 in ITA.No.8748/Mum/2011 by order dated 29.02.2016 copy of the order is placed on record. 4. Learned Departmental Representative supported the orders of the authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act under Article 11(4) of the India-Singapore Treaty (the 'Treaty"), on the basis that the interest received is effectively connected with the alleged FE of the Appellant in India as against claim of the Appellant that same is not connected with the alleged FE and hence it is taxable under Article 11(2) of the Treaty. 4. without prejudice to above, even assuming that interest received is taxable for the year under consideration, failed to appreciate that once taxability of the Dependent Agent FE is extinguished, interest received under Section 244A It cannot be treated as effectively connected with the alleged FE. 5. without prejudice to above, even assuming that the interest received under Section 244A is effectively connected wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the ratio laid down by the Hon'ble Special Bench in the case of ACIT v Clough Engineering Ltd (supra), However ground raised, vide ground no. 2, 4 and 5 regarding taxability of interest Under Section 244A, the same are treated as infructuous. 6. Respectfully following the said order, we allow this ground of appeal of the assessee. 7. The next issue in the appeal of the assessee is regarding not granting Credit for TDS, Advance Tax and Self-Assessment Tax. On hearing both sides we direct the Assessing Officer to grant credit for TDS, Advance Tax and Self-Assessment Tax after due verification. 8. Coming to the Revenue's appeal the first ground reads as under: - On the facts and in the circumstances of the case and in law, whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite (Singapore)Pte. Ltd. case. 11. Both parties fairly stated that this issued is decided by the Coordinate Bench of the Tribunal for the Assessment Year 2005-06 and 2006-07 in ITA.No.2870/Mum/10 dated 28.08.2015, copy of the order is placed on record. The Coordinate Bench decided this as under: - "11. After considering the rival contention and above facts, we find that, so far as the issue relating to addition on account of 'advertisement revenue' and 'distribution revenue' the same stands decided in favor of the assessee by the Tribunal, which has been affirmed by the Hon'ble High Court in Assessment Year 1999-2000 and also in subsequent years. As regards the issue of 'distribution receipts' treated as 'royalty income', we find that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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