TMI Blog2021 (11) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... called matter comes up for hearing. Learned counsel for the assessee does not oppose the said suggestion. Having regard to the rival submissions, and having perused the material on record, we are satisfied that ground nos. 9 and 10 have remained to be disposed of and the impugned order needs to be recalled accordingly. We order so. The Registry is directed to refix the matter for the limited purposes of disposing of these two grounds of appeal. - MA No 145/Mum/2021 In ITA No. 1815/Mum/2018 - - - Dated:- 8-11-2021 - Pramod Kumar (Vice President) And Pavan Kumar Gadale (Judicial Member) For the Applicant : P J Pardiwala, Sr. Advocate. For the Respondent : S. S. Iyengar. ORDER Per Pramod Kumar, VP: 1. This mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income-tax (Appeals) - 56 [CIT(A)] and order giving effect to the appellate order of the CIT(A) dated 27 February 2018. The amount as taken by the Tribunal represents the amounts reflected in the final assessment order dated 27 February 2017. Pursuant to enhancement of income by the CIT(A) and rectification order passed by the Assessing Officer the correct figures are those reflected in the aforesaid orders dated 13 March 2018 and 27 February 2018. The Appellant submits that this represents a mistake apparent from the record and the Tribunal may be pleased to clarify the same. 3. Learned Departmental Representative does not dispute the above facts, and fairly agrees that the amount need to be corrected. 4. Having regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer to and rely upon the findings as has been reached by the Tribunal on this particular issue for the said years. 5. Independent of the above, the Appellant states that the Indian borrowers have paid the aforesaid incomes after deducting tax at source in accordance with Article 11 of the DTAA. The amount of such income assessed in the Appellant's hands represents the grossed-up amount in view of section 198 of the Act, as the arrangement was that tax thereon was to be borne by the Indian borrowers. The entire liability to pay tax stands discharged by the deduction of tax at source. Once the Appellant has been assessed on grossed up basis and it has received only the net amount from the Indian borrowers i.e., after deduction of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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