2008 (2) TMI 43

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....dispose of the aforesaid appeals as the point involved is the same. 2.  For the sake of convenience, the facts are taken from Civil Appeal No. 4485 of 2007. 3.  Assessee-respondent, hereinafter referred to as 'the assessee' filed its return of income for the assessment year 1992-1993 declaring income of Rs.4,30,06,580/- by showing its business as investment and finance, which was p....

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....on that Double Taxation Avoidance Agreement (for short 'DTAA') entered into by the Government of India with the Government of Malayasia would override the provisions of the Act if they are at variance from the provisions of the Act.  It was held that from a plain reading of Article XI of the DTAA, it was clear that dividend income would be taxed only in the contracting states where such incom....

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....e which was not raised by the assessee either before the AO or before the CIT(Appeals) but was raised for the first time before the Tribunal and that too in an appeal filed by the Department. 4.  Having dismissed the cross objection filed by the assessee, whether the Tribunal was justified in then proceeding to decide the issue raised by the assessee on merits in their favour." 7. ....

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....tered into between India and Malaysia, tax is liable to be levied in the country where the income had accrued.  Under these circumstances the Court held that this question as to whether income of an assessee accrued outside the country could be taxed within the country under the provisions of Section 5(1)(c) of the Act did not arise from the order of the Tribunal. 9. On question Nos.3 and ....