Principal Com0Missioner Of ... vs Krishak Bharati Co-Operative Ltd
2021 Latest Caselaw 3546 Del

                          $~S-101
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ITA 177/2021 & CM APPL. 45987/2021
                                 PRINCIPAL COM0MISSIONER OF INCOME TAX (CENTRAL) -
                                 3                                           ..... Appellant
                                              Through: Ms.Vibhooti Malhotra, Advocate.

                                                    versus

                                 KRISHAK BHARATI CO-OPERATIVE LTD                      ..... Respondent
                                             Through

                          %                                     Date of Decision: 20th December, 2021

                                 CORAM:
                                 HON'BLE MR. JUSTICE MANMOHAN
                                 HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                    JUDGMENT

MANMOHAN, J (Oral):

1. Present appeal has been filed challenging the order dated 20th January, 2020 passed by ITAT in ITA No 1471/Del/2017.

2. Learned counsel for the appellant submits that the ITAT has erred in not considering that the Revenue has filed SLP before the Supreme Court of India against the order passed by this Court in ITA 578/2016. She states that the Tribunal further erred in holding that the dividend income was taxable but exempted under Omani Law and entitled the assessee to the benefits of Indo Oman DTAA. She states that the provisions of Income Tax Act, 1961 as well as Indo Oman DTAA were wrongly interpreted by the Tribunal.

Signature Not Verified

By:KRISHNA BHOJ Signing Date:21.12.2021 19:37:41

3. A perusal of the paper book reveals that the issues raised in the present appeal are no longer res integra, as the Coordinate Bench in ITA 578/2016 has dismissed the revenue's appeal on similar grounds.

4. Admittedly, there is no stay of the judgment and order passed by the Coordinate Bench in ITA 578/2016.

5. Accordingly, the present appeal along with pending application is dismissed in view of the judgment passed by the Coordinate Bench in ITA 578/2016.

MANMOHAN, J

NAVIN CHAWLA, J DECEMBER 20, 2021 TS

Signature Not Verified

By:KRISHNA BHOJ Signing Date:21.12.2021 19:37:41