The Commissioner Of Income Tax – 5, Mumbai v. M/S.essar Oil Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.351 OF 2012 The Commissioner of Income Tax – 5, Mumbai..Appellant. Versus M/s.Essar Oil Limited ..Respondent. Ms.S.V. Bharucha for the appellant.Mr.Niraj Seth with Mr.Atul K Jasani for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 19[th] March 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2003-04, following questions of law have been formulated for our consideration. “a)Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in confirming the order of the CIT (A) which directed the AO to recompute the income by treating the income from Oman and Qatar as non-taxable in India without considering the fact that the assessee is a resident of India and has to be taxed on its entire income as per Section 5(1) of the Act ?law, the Tribunal was right in confirming the order of the CIT (A) which directed the AO to recompute the income by treating the income from Oman and Qatar as non-taxable in India without considering the fact that the assessee is a resident of India and has to be taxed on its entire income as per Section 5(1) of the Act ? b)Whether the Tribunal was justified in ignoring the fact that DTAA between India and Sultanate of Oman does not provide that the income earned and taxed in Sultanate of Oman shall not be taxed in India ?between India and Sultanate of Oman does not provide that the income earned and taxed in Sultanate of Oman shall not be taxed in India ? c)Whether profits attributable to a permanent establishment of an assessee who is an Indian resident is to be included in the total income since the Double-Taxation Avoidance Agreement between India and Oman and Indian and Qatar provides for credit method of elimination of double taxation as per Section 90 of the Income Tax Act, 1961 ?”assessee who is an Indian resident is to be included in the total income since the Double-Taxation Avoidance Agreement between India and Oman and Indian and Qatar provides for credit method of elimination of double taxation as per Section 90 of the Income Tax Act, 1961 ?” 2.Counsel for the parties state that the issue raised in this appeal were also raised by the Revenue in respect of the same respondent – assessee being Income Tax Appeal No.3160 of 2010. This Court by order dated 7[th ]June 2011 refused to entertain Income Tax Appeal No.3160 of 2010. For the reasons stated in our order dated 7[th] July 2011 in Income Tax Appeal No.3160 of 2010, we see no reason to entertain the proposed questions of law. 3.Accordingly, appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)