2024 (10) TMI 1580 - HC - Income Tax

Maintainability of appeal on low tax affect - as submitted that the issue involved in the present case relates to Double Taxation Avoidance Agreement and would therefore fall in the exceptions - HELD THAT - Firstly, as we accept the argument raised by learned counsel for the respondent with regard to the case not falling within exception to clause l(ii) of para 3.1 which is only with respect to litigation arising out of disputes related to TDS/TCS matters in both domestic and international taxation charges, wherein disputes relating to appeals of international taxation charges with the applicability of provisions of Double Taxation Avoidance Agreement would fall. Even otherwise, the questions of law raised by the appellant in the present case stand adequately answered by the Apex Court in Engineering Analysis 2021 (3) TMI 138 - SUPREME COURT Review petitions having been already dismissed, we do not find any reason to further keep this case pending for adjudication. Appeal is dismissed accordingly.

Summary

The High Court dismissed the appeal as the case did not fall within the exception to Circular No. 5/2024 related to Double Taxation Avoidance Agreement. The Court noted that the issues raised were already addressed by the Supreme Court in a previous case. The review petitions were dismissed, and the appeal was accordingly rejected.