TaxTMI 
TaxTMI 
2024 (2) TMI 701
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....grieved against this the assessee preferred appeals before the learned CIT(A), who partly allowed the appeals of the assessee. Thereby he deleted the disallowance made u/s 14A of the Act to the extent of no exempt income and sustained the disallowance in respect of amortization of lease rentals. Now the assessee as well as the Revenue are in appeal against their respective grievance. 3. First we take up assessee's appeals for adjudication. The only effective ground in both the assessment years is regarding disallowance of Rs. 42,65,058/- being amortization of lease payment. 4. Learned counsel for the assessee at the outset submitted that identical issue has been considered by this Tribunal in assessee's own case for earlier years. He relied on Tribunal's order dated 15.11.2022 in assessee's own case for A.Y. 2016- 17, rendered in ITA no. 581/Del/2022, wherein the Tribunal has followed its earlier order for A.Y. 2012-13 in ITA No. 5711/Del/2017. 5. On the other hand, learned DR opposed the submissions. 6. We have heard rival submissions and perused the material available on record. We find that Coordinate Bench in assessee's own case for A.Y. 2016-17 has adjudicated iden....
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....2008-09 may also be followed for this assessment year in restoring the issue to the file of the learned Assessing Officer for considering the facts and circumstances relevant for this particular assessment year and to take a call de novo. Ld. DR reports no objection for sending it back to the learned Assessing Officer. Recording the same, we allow this ground for statistical purpose, by restoring the issue to the file of the learned Assessing Officer to take a view de novo for this particular assessment year after hearing the assessee de novo in accordance with law." 7. Finding parity on facts, respectfully following the findings of the coordinate bench, amortization portion of the lease taken from Noida authority is decided against the assessee and the challenge in respect of land at Vishakapatnam and Tuticorn is restored to the file of the Assessing Officer to be decided as per directions given in Assessment Year 2012-13 [supra]. 6.1 Admittedly there is no change in facts for both the assessment years under consideration. Therefore, respectfully following the findings of the co-ordinate bench, amortization portion of the lease taken from Noida authority is decided aga....
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....Credit of Rs. 7,31,74,848/- by the AO despite the facts that in the case of the assessee, the Revenue filed SLP in Hon'ble Supreme Court of India against the order of the Hon'ble Delhi High Court in ITA 578/2016, CM APLL. 28947/2016 and 579/2016, CM APPL. 28948/2016 for the AYs 2010-11 and 2011-12 6. That the order of the Ld. CIT(A) is perverse, erroneous and is not tenable on facts and in law. 7. That the grounds of appeal are without prejudice to each other. 8. That the appellant craves leave to add, amend, alter or forgo any ground(s) of appeal either on or before the final hearing of the appeal." ITA No. 1043/Del/2023 ( A.Y. 2018-19) : "1. Whether on the facts and circumstances of the allowing the appeal of the assessee ignoring explanation to proviso to section 14A(2), which states that the provision of section 14A shall apply and shall be deemed to have always applied in a case where the income, no forming part of the total income under this Act, has not accrued or arisen or has not been received during the previous year relevant to an assessment year and the expenditure has been incurred during the said precious year in relation....
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.... for the assessee submitted that admittedly for the assessment years under consideration the assessee has not earned any exempt income and therefore provisions of section 14A of the Act could not be attracted in the assessee's case. He relied on the order of learned CIT(A). Learned counsel further submitted that this issue has been considered by this Tribunal in assessee's own case for A.Y. 2016-17, in ITA No. 860/Del/2022, wherein the issue has been adjudicated in favour of the assessee. 12. Learned DR opposed the submissions and contended that the Department has not given up its case. 13. We have heard rival submissions and gone through the material available on record. There is no dispute that the assessee has not earned any exempt income during the assessment years in question. The Coordinate Bench in assessee's own case for A.Y. 2016-17 has adjudicated identical issue in favour of the assessee, inter alia, by observing as under: "10. Facts on record show that during the year, the assessee has not earned any tax free income which may trigger application of provisions of section 14A of the Act. Such issue has now been decided in favour of the assessee and against ....
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....in allowing claims of deemed tax credit under DTAA between India and Oman. 15. Learned counsel for the assessee at the outset contended that the issue in question is squarely covered in favour of the assessee in its own case for A.Y. 2010-11, wherein the Hon'ble Supreme Court in Civil Appeal No. 836/2018 dated 15.09.2023 dismissed the department's appeal and upheld the order of Hon'ble Delhi High Court reported as (2017) 395 ITR 572 (Delhi). A copy of order of Hon'ble Supreme Court has also been placed on record. He also submitted that relying on the order of Hon'ble High Court the Coordinate Bench in assessee's own case for A.Y. 2016-17, has decided the issue in favour of assessee. 16. Learned DR opposed the submissions. He, however, could not controvert the factual position narrated by the learned could for the assessee. 17. We have heard rival submissions and gone through the material available on record. The Coordinate Bench in assessee's own case for A.Y. 2016-17 has adjudicated identical issue in favour of the assessee, inter alia, by observing as under: "13. Ground No. 3 relates to the deletion of disallowance of deemed tax credit of Rs. 18,06,24,855/- by t....
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....Omani authority. 25. The Tribunal noticed- in this court's opinion, correctly- that the expression "incentive" is neither defined in the Omani Tax Laws nor in the Income Tax Act, 1961. Due to this, OMIFCO wrote in November 2000 to Oman Oil Company SAOC seeking authentic clarification, regarding purpose of Article 8 (bis) of the Omani tax law. The Omani Ministry of Finance, Secretariat General for Taxation, Muscat, by letter dated 11th December, 2000 addressed to Oman Oil Company SAOC stated as follows: "We refer to your letter dated 2 December, 2000 and our previous letter dated 6 August, 2000 on the above subject. Under Article 8 of the Company Income Tax Law of Oman, dividend forms part of the gross income chargeable to tax. The tax law of Oman provides income tax exemption to companies undertaking certain identified economic activities considered essential for the country's economic development with a view to encouraging investments in such sectors. Before the recent amendments to the Profit Tax Law on Commercial and Industrial Establishments, Article 5 of this law provided for exemption of dividend income in the hands of the recipient....
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....rpretation of Article 8 (bis). The tribunal held, in the light of this letter as follows: "It is an accepted position of interpretation that if there is some doubt about the interpretation of a particular provision of Law, the Competent Authority to clarify that provision is only the Government of that particular country. The Income Tax Department of India has no locus standi in this matter. The issue has been clarified by the highest Authority of the Sultanate of Oman through the Secretariat General of Taxation." The ITAT also noticed Article 6 of Omani Income Tax Law of Companies No.47 /1981, which spells out functions of the Secretariat General Article 3 (3) states that: "3 Any form or notification of document issued or published or delivered by the Secretary General in accordance with this Law shall be considered an official document if it carries the name or description of the Secretary General or the responsible officer who is designated by virtue of Paragraph (2) of Article (3) and this shall be whether the name or description is printed, stamped or written." In view of the above, it is held that the clarification has to be regarded as con....