Principal Com0Missioner Of Income Tax (Central) – v. Krishak Bharati Co-Operative Ltd

Signature Not Verified $~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. Through: Ms.Vibhooti Malhotra, Advocate. versus KRISHAK BHARATI CO-OPERATIVE LTD ..... Respondent Through Date of Decision: 20[th] December, 2021 % CORAM: HON'BLE MR. JUSTICE MANMOHANHON'BLE MR. JUSTICE NAVIN CHAWLA J U D G M E N T MANMOHAN, J (Oral): th 1.Present appeal has been filed challenging the order dated 20January, 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. 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 DECEMBER 20, 2021 TS NAVIN CHAWLA, J