2013 (6) TMI 188

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..... Section 44C of the said Act allowed more deduction to head office expenses then the amended Section 44C of the said Act. Consequently, the issue as raised before the Tribunal and this Court would continue to be governed for the subject assessment year by the order of this Court in the matter of Deutsche Bank AG (2003 (7) TMI 6 - BOMBAY High Court). It is clear that the order dated 20th Novembe .....

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..... th January, 2010 while allowing the claim of the the Respondent-Assessee followed the decision of this Court in the matter of CIT v. Deutsche Bank A.G [2006] 284 ITR 463/[2007]. 2. This Review of order dated 20th November, 2012 is sought on the ground that the decision rendered by this Court in the matter of Deutsche Bank AG (supra) dealt with Assessment Year 1984-85 when Section 44C of the Inco .....

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..... e Indian Income Tax Act as existing on 28th June, 1984. This position changed only by virtue of amendment to the DTAA in the Assessment Year 1998-99. 4. It therefore follows that during Assessment Year 1994-95, Section 44C of the said Act as applicable would be one existing as on 28th June, 1984 and not as existing during the subject assessment year. This is because the preamended Section 44C of .....

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