TMI Blog2015 (2) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... Income taxable in India - HELD THAT:- Admittedly, the Ld A.R had placed reliance on the decision rendered by the Special bench in the case of Clifford Chance [ 2013 (6) TMI 544 - ITAT MUMBAI] at the time of hearing which was not considered. There should not be any dispute that the decision rendered by the Special bench should be preferred over to the decision of the Division bench. Hence, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue for assessment year 1997-98. 2. The Ld Counsel appearing for the assessee submitted that the AO had taken the view that even where only a part of the services were performed in India, the entire income was taxable in India. However, the Ld CIT(A) held that that only the income in respect of services rendered in India is attributable to the Permanent Establishment and that portion alone is ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the bench. However, while passing the order, the Tribunal has followed the decision rendered in AY 1995-96 in paragraph 6 of its order and did not consider the decision of the Special Bench referred above. He further submitted that the bench heard the appeal filed by the revenue for 1996-97 against the order passed by Ld CIT(A) u/s 154 of the Act and in the order passed in respect of the same, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue regarding the quantum of income attributable to Permanent Establishment is discussed in paragraph 12 of the order. In view of the discussions made supra, we order the existing paragraph 12 of the order of the Tribunal dated 8.8.2004 passed in ITA No.1711/Mum/2004 relating to AY 1997-98 shall be deleted and in that place following paragraph shall be inserted. 12. We shall now take up the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein the issue has been decided in favour of the assessee. Accordingly he submitted that the order of the Ld CIT(A) on this issue should be upheld. We agree with the contentions of Ld A.R. Since the decision of Special bench is binding on us, we direct the assessing officer to assess the income in accordance with the decision rendered by the Special Bench in the above cited case. Accordingly, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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