2019 (9) TMI 1332

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....under section 260-A of the Income-Tax Act, 1961 (hereinafter referred to as 'the Act'), the appellant - Revenue has called in question the order dated 26.3.2019 made by the Income Tax Appellate Tribunal, Ahmedabad Bench 'D', Ahmedabad in ITA No.2693/Ahd/2014 by proposing the following two questions stated to be substantial questions of law: - [A] "Whether the Appellate Tribunal ....

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....Appeals) as well as the Tribunal have placed reliance upon the decision of the Supreme Court in the case of GE India Technology Centre P. Ltd. v. Commissioner of Income-Tax and Another, (2010) 327 ITR 456 (SC), wherein it has been held that a person paying interest or any other sum to a nonresident is not liable to deduct tax if such sums are not chargeable to tax under the Act. Section 195 contem....

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.... have placed reliance upon the decision of the jurisdictional High Court in the case of Commissioner of Income-Tax v. Corrtech Energy P. Ltd. (2015) 372 ITR 97 (Guj) wherein the court has held that notice under sub-section (1) of section 14A provides that for the purpose of computing the total income under Chapter IV of the Act, no deduction shall be allowed in respect of the expenditure incurred ....