9911796707
TMI Blog2015 (2) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent : Shri Neena Singh Pandey ORDER PER B.R.BASKARAN, ACCOUNTANT MEMBER: The assessee has moved this miscellaneous application seeking rectification of the order dated 08-08-2014 passed in the hands of the assessee in ITA No. 1711/Mum/2004 in respect of the appeal filed by the revenue for assessment year 1997-98. 2. The Ld Counsel appearing for the assessee submitted that the AO h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l also considered an identical issue in the case of ADIT Vs. Clifford Chance (143 ITD 1) and it was decided in favour of the assessee. The Ld Counsel submitted that the decision of Special bench was specifically pointed out to the Bench both at the time of arguments and also in the notes given to the bench. However, while passing the order, the Tribunal has followed the decision rendered in AY 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision rendered by the Special bench should be preferred over to the decision of the Division bench. Hence, the impugned order of the Tribunal suffers from the mistake apparent from record in not following the decision of Special bench and hence the same requires to be corrected. The issue regarding the quantum of income attributable to Permanent Establishment is discussed in paragraph 12 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indirectly attributable to the Permanent Establishment is assessable and accordingly upheld the order of the assessing officer in that year. However, the Ld A.R submitted that the Special bench of Tribunal has considered an identical issue in the case of CIT Vs. Clifford Chance (143 ITD 1), wherein the issue has been decided in favour of the assessee. Accordingly he submitted that the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
