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Delhi High Court - Orders

Commissioner Of Income Tax ... vs M/S The Bank Of Tokyo Mitsubishi Ufj ... on 15 March, 2022

Author: Manmohan

Bench: Manmohan, Dinesh Kumar Sharma

                          $~17
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ITA 51/2022
                                 COMMISSIONER OF INCOME TAX (INTERNATIONAL
                                 TAXATION)-2, DELHI                       ..... Appellant
                                               Through Mr.Sanjay Kumar, Advocate.

                                                    versus

                                 M/S THE BANK OF TOKYO MITSUBISHI UFJ LIMITED (NOW
                                 KNOWN AS MUFG BANK LTD.)                ..... Respondent
                                               Through Ms.Anishka Gupta, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE MANMOHAN
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                         ORDER

% 15.03.2022 Present appeal has been filed challenging the Order dated 27th May, 2021 of the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') in ITA No. 283/Del./2016 for the Assessment Year 2011-12.

Learned counsel for the appellant fairly concedes that the questions of law urged at para 2 (A and B) in the present appeal have been decided by this Court vide order dated 08th April, 2016 in ITA Nos.604/2015 and 605/2015 in respect to assessment years 2007-08 and 2008-09 against the Revenue while dismissing the appeals filed by the Revenue. He, however, states that SLPs against the said decisions of this Court are pending before the Apex Court.

However, keeping in view the fact that this Court is bound by the earlier Division Bench order, issue notice to the respondent confined to Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 16:57:52 questions of law urged at para 2 (C to F) in the present appeal. Ms.Anishka Gupta, Advocate accepts notice on behalf of the respondent.

List on 24th August, 2022.

MANMOHAN, J DINESH KUMAR SHARMA, J MARCH 15, 2022 KA Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 16:57:52