High CourtsDivision Bench(2021) 12 DEL CK 0140

Principal Com0missioner Of Income Tax (Central) � 3 vs Krishak Bharati Co-Operative Ltd

Delhi High Court · Decided on 20 December 2021

HON’BLE JUDGES
Manmohan, J · Navin Chawla, J
RESULT
Dismissed
CASE NUMBER
Income Tax Appeal No. 177 Of 2021, Civil Miscellaneous Application No. 45987 Of 2021

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Judgment

6 paragraphs · 191 words

Manmohan, J

1.

Present appeal has been filed challenging the order dated 20th January, 2020 passed by ITAT in ITA No 1471/Del/2017.

2.

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 Indo Oman DTAA. She states that the provisions of Income Tax Act, 1961 as well as Indo Oman DTAA were wrongly interpreted by the Tribunal.

3.

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.

4.

Admittedly, there is no stay of the judgment and order passed by the Coordinate Bench in ITA 578/2016.

5.

Accordingly, the present appeal along with pending application is dismissed in view of the judgment passed by the Coordinate Bench in ITA 578/2016.