Delhi High Court - Orders
Pr. Commissioner Of Income ... vs M/S Krishak Bharat Co-Operative Ltd on 24 November, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 164/2021
PR. COMMISSIONER OF
INCOME TAX,(CENTRAL)-3 ..... Appellant
Through: Ms. Vibhooti Malhotra, Advocate.
versus
M/S KRISHAK BHARAT CO-OPERATIVE LTD. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 24.11.2021 CM Appl. 41669/2021 (for exemption) Allowed, subject to all just exceptions. Accordingly, present application stands disposed of.
ITA 164/2021Present appeal has been filed challenging the order dated 19th November, 2020 passed by ITAT in ITA No 1470/Del/2017.
Learned counsel for the appellant submits that the ITAT has erred in not considering that the Revenue has filed SLP before the Supreme Court of India against the order passed by this Court in ITA 578/2016. She states that the Tribunal further erred in holding that the dividend income was taxable but exempted under Omani Law and entitled the assessee to the benefits of Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.11.2021 18:30:56 Indo Oman DTAA. She states that the provisions of Income Tax Act as well as Indo Oman DTAA were wrongly interpreted by the Tribunal.
A perusal of the paper book reveals that the issues raised in the present appeal are no longer res integra as the coordinate Bench in ITA 578/2016 has dismissed the revenue's appeal on similar grounds.
Admittedly, there is no stay of the judgment and order passed by the coordinate Bench in ITA 578/2016.
Accordingly, the present appeal is dismissed in view of the judgment passed by the coordinate Bench in ITA 578/2016.
MANMOHAN, J NAVIN CHAWLA, J NOVEMBER 24, 2021 js Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.11.2021 18:30:56