TMI Blog2024 (3) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... panies on the ground that the appellant had failed to deduct tax at source on such payment following the decision of Hon ble Bombay High Court in the case of CIT Vs. Orient Goa Co. Pvt. Ltd. [ 2009 (10) TMI 575 - BOMBAY HIGH COURT] . The said decision has been overruled by the Full Bench of Hon ble Bombay High Court subsequently in the case of CIT Vs. V.S. Dempo Co. Pvt. Ltd. [ 2016 (2) TMI 308 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the facts of the case are that the respondent-assessee is a company incorporated under the provisions of the Companies Act and it is engaged in the business of processing and trading in Iron-ore. Return of income for the A.Y. 2012-13 was filed on 29.09.2012 declaring total income of Rs. 266,47,93,720/-. Against the said return of income, the assessment was completed by the Assessing Officer (AO) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- being demurrage charges paid to the parties to the non resident parties with whom the assessee had entered into Double Taxation Avoidance Agreement following the decision of Hon ble Bombay High Court in CIT Vs. V.S. Dempo Co. Pvt. Ltd. 381 ITR 303 (Bom)(FB) and CIT Vs. Sesa Goa Ltd. in ITA Appeal No. 989,991 of 2015 and 948, 957, 978 of 2015. 5. Being aggrieved by the decision of CIT(A), the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision of Hon ble Bombay High Court in the case of CIT Vs. Orient Goa Co. Pvt. Ltd. 325 ITR 554. The said decision has been overruled by the Full Bench of Hon ble Bombay High Court subsequently in the case of CIT Vs. V.S. Dempo Co. Pvt. Ltd. 381 ITR 303 (Bom)(FB). The order passed by the ld. CIT(A) is in consonance with the law laid down by the Hon ble Jurisdictional High Court supra. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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