TMI Blog2022 (7) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of capital gains and shall not be taxable in India under Article 11 of DTAA between India and Mauritius - HELD THAT:- Both the CIT(A) and the ITAT have held in favour of the assessee holding that that the present case is covered by the decision of this Court 2014 (8) TMI 9 - DELHI HIGH COURT] in assessee s own case. The assessment order in the present case was passed on 9th April, 2014 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hir Bhatia, Sr. Standing Counsel. Respondent Through: Ms. Ananya Kapoor, Advocate. J U D G M E N T MANMOHAN, J (Oral): 1. At the outset, learned counsel for the appellant prays that paragraph 2.3 of the present appeal be deleted. Accordingly, the said paragraph 2.3 is deleted. 2. It is pertinent to mention that the present appeal has been filed challenging the Order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of this Court dated 30th July, 2014 in assessee s own case. The assessment order in the present case was passed on 9th April, 2014 in pursuance of the decision dated 21st March, 2012 of the Authority of Advance Ruling ( AAR ). Assessee preferred a writ petition against the said order of the AAR, which was disposed of by this Court in favour of the assessee vide order dated 30 th July, 2014 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he JV company. xxx xxx xxx xxx 31. Thus, in terms of the policy of the Government, the petitioner could invest in a project of the requisite size/nature and an investment into CCDs would be reckoned as equity. The policy with regard to external commercial borrowings had other conditions and it is apparent that the petitioner found the investment in CCDs as the most appropriate route for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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