Director Of Income Tax (It)-Ii v. M/S. Icici Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO. 1491 OF 2012WITHINCOME TAX APPEAL (L) NO. 1492 OF 2012WITHINCOME TAX APPEAL (L) NO. 1493 OF 2012WITHINCOME TAX APPEAL (L) NO. 1494 OF 2012WITHINCOME TAX APPEAL (L) NO. 1495 OF 2012WITHINCOME TAX APPEAL (L) NO. 1497 OF 2012 Director of Income Tax (IT)-IIversus ..Appellant M/s. ICICI Bank Ltd...Respondent -------- Mr. Tejveer Singh for the Appellant. Mrs.Aarti Vissanji, Sr. Adv with Mr.S.P. Mehtafor the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE P.C. : In all these appeals by the revenue, the following question of law has been formulated for our consideration. “ Whether on the facts and circumstances of the case and in law, the ITAT is correct in holding that the assessee was not required to deduct TDS on the amounts remitted to each of the concerned persons without appreciating the fact that the person making payments to a non resident cannot take a unilateral decision that the payment made by him are not sums chargeable to income tax and, therefore, he could make the payment without deduction of tax at source without the concurrence of the AO as provided in Section 195(2) of the Act.?” 2Counsel for the revenue states that the entire issue is covered in view of the amendment by notification no. 282/07 dated 28.11.2007 to the Double Taxation Avoidance Agreement (DTAA) between the Government of India and Government of UAE. In view of the amendment to Article 1 of DTAA, the question as proposed would not arise for the consideration. 3 Accordingly, no question arises for our consideration. Hence, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)