2024 (1) TMI 274

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....tia, Sr Standing Counsel. For the Respondent Through: Ms Ananya Kapoor, Adv. RAJIV SHAKDHER, J. (ORAL): CM Appl.66735/2023 in ITA 804/2023 CM Appl.66777/2023 in ITA 805/2023 [Applications moved on behalf of the appellant/revenue seeking condonation of delay of 480 days in refiling the appeal.] 1. These are applications moved on behalf of the appellant/revenue seeking condonation of ....

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....e pivoted on the decision of the Authority for Advance Ruling [in short, "AAR"] dated 21.03.2012. 7. The decision of the AAR dated 21.03.2012 was assailed by the respondent/assessee by way of a writ petition i.e., W.P.(C) 1648/2013. This court via the decision dated 30.07.2014 allowed the said writ petition, which resulted in the AAR's ruling dated 21.03.2012 being set aside. 8. It is in the....

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....ew of the provisions of Article 13 of the India-Mauritius Double Taxation Avoidance Agreement ["DTAA"]. 11. The Assessing Officer (AO), on the other hand, sought to treat the gains as interest, placing reliance upon Section 2(28A) of the Income Tax Act, 1961 [in short, "Act"] and Article 11 of the India-Mauritius DTAA. 12. As noted above, this was also the view of the AAR, which was overrule....