2013 (7) TMI 1134

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ORDER Per Bench These appeals are filed at the instance of the assessee company and they pertain to A.Y. 1997-98, 1998-99 and 2000-01. 2. In ITA No. 4061/Mum/2004 and ITA No. 7817/Mum/2004 the assessee has raised a common ground. The case of the assessee is that there is discrimination against tax payable by a foreign company, which is not in accordance with .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ECD Model convention and in particular the non-discrimination clause, i.e. Article 26 of Indio-France Treaty to contend that there should not be any discrimination between domestic company and non-resident company. The AO as well as the CIT(A) rejected the contention of the assessee. The case of the Revenue is that the controversy of discrimination in applicability of tax rates has been resolved b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t the ITAT has taken difference views on this issue in some cases, he has not placed any order before us to support his stand. He fairly admitted that the issue otherwise is covered against the assessee in the light of the decision of the ITAT F Bench, Mumbai. 4. Under these circumstances we do not find any infirmity in the order of the CIT(A) on this aspect. In the result, the only gr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X