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TMI Blog2014 (10) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... t and patent mistake in the order passed u/s 143(3) of the Act. This mistake was apparent from the records available with Assessing Officer. Therefore, we sustain order passed u/s 154 of the Act to the extent the dividend income is taxable @ 15% - Decided partly in favour of Revenue. - IT APPEAL NO. 5142 (DELHI) OF 2012 - - - Dated:- 21-10-2014 - I.C. SUDHIR AND B.C. MEENA, JJ. For The App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red in holding that there was no mistake apparent from the record to hold that the dividend income of the assessee company was not effectively connected with the PE, which was taxable @ 20% u/s 115A(l)(a). 3. The appellant prays for leave to add, amend, modify or alter any grounds of appeal at the time or before the hearing of the appeal. 2. Brief facts of the case are as under. The retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the taxability of this dividend income @ 15%. Assessing Officer issued a notice u/s 154 of the Act to the assessee and made an addition of ₹ 94,56,169 and the tax was held to be leviable @ 20%. The CIT (A) quashed the order u/s 154 of the Act by holding that in order to apply Article 10 (4) of the Double Taxation Avoidance Agreement (DTAA), it has to be proved that dividend is effectively c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer has not considered this income while making the order u/s 143(3) on 28.03.2006. Thus, there was an apparent and patent mistake in the order passed u/s 143(3) of the Act. This mistake was apparent from the records available with Assessing Officer. Therefore, we sustain order passed u/s 154 of the Act to the extent the dividend income is taxable @ 15% and allow the revenue's appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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