Uttarakhand High Court
Assistant Director Of Income Tax ... vs M/S Clough Engineering Ltd. Level 2 on 29 October, 2012
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Income Tax Appeal No. 37 of 2012
Assistant Director of Income Tax Range‐I (International
Taxation), Dehradun
.............. Appellant
Versus
M/s Clough Engineering Ltd. Level 2, 22, Mount
St. Perth, West Australia (Australia) C/o Ernest
& Young S.R. Batliboi & Co. 6th Floor, Hindustan
Times Building, K.G. Marg, New Delhi
.............. Respondent
Mr. Hari Mohan Bhatia, Advocate, present for the appellant/Revenue.
Honʹble Prafulla C. Pant, J.
Honʹble U.C. Dhyani, J.
Heard.
2. Delay condonation application no. 11656 of 2012, is allowed. 38 delays in filing the appeal stands condoned.
3. Also heard on admission.
4. This appeal is directed against the order dated 29.02.2012, passed by Income Tax Appellate Tribunal, Delhi Bench 'B' New Delhi, in ITA No. 4986/Del/2007 (Assessment Year 2003‐04) on the appeal filed by the assessee Clough Engineering Ltd. 2
4. The appeal is admitted on following substantial question of law:‐ "Whether, on the facts and circumstances of the case, interest of income tax refund and fixed deposits with the bank is liable to be taxed with reference to Article 7 read with paragraph 4 of Article 11 and paragraph 2 of Article 11 of Indo‐Australia Double Taxation Avoidance Agreement?"
5. Issue notice to respondent/assessee M/s Clough Engineering Ltd.
6. List after service of notice. (U.C. Dhyani, J.) (Prafulla C. Pant, J.) 29.10.2012 Parul