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The ITAT held that the reassessment initiated u/s 147 was without valid jurisdiction and therefore void. The assessee, a UAE tax resident foreign company, had only interest income from an Indian payer, on which tax had been duly withheld at 12.5% in accordance with Article 11 of the India-UAE DTAA and s.195. As the conditions of s.115A(5) were satisfied, the assessee was not obliged to file a return for AY 2012-13, rendering the AO's sole basis for reopening-non-filing of return-untenable. Further, the AO wrongly taxed double the actual interest income without supporting material. The reassessment order was quashed and the assessee's appeal allowed.
The ITAT held that the reassessment initiated u/s 147 was without valid jurisdiction and therefore void. The assessee, a UAE tax resident foreign company, had only interest income from an Indian payer, on which tax had been duly withheld at 12.5% in accordance with Article 11 of the India-UAE DTAA and s.195. As the conditions of s.115A(5) were satisfied, the assessee was not obliged to file a return for AY 2012-13, rendering the AO's sole basis for reopening-non-filing of return-untenable. Further, the AO wrongly taxed double the actual interest income without supporting material. The reassessment order was quashed and the assessee's appeal allowed.
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