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TMI Blog2023 (6) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration. Accordingly, matter is being restored to the file of CIT(Appeals) in order to allow the assessee to provide supporting documents to validate that the assessee was a tax resident of USA during the impugned year under consideration and hence eligible for beneficial rate of tax on interest income under the India USA Tax Treaty. Appeal of the assessee is allowed for statistical purposes. - I.T.A. No. 464/Ahd/2020 - - - Dated:- 7-6-2023 - Shri Anil Chaturvedi, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member For the Appellant : Shri Hem Chhajed, A.R. For the Respondent : Shri Aashish Rajesh Revar, Sr. D.R. ORDER PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdance with India USA Tax Treaty. However, the Ld. Assessing Officer passed the order under Section 154 of the Act levying tax at maximum marginal rate on the interest income. 4. The assessee filed appeal before Ld. CIT(Appeals) and submitted that in the instant facts, the Ld. Assessing Officer erred in levying tax at maximum marginal rate on interest income in lieu of applicable rate of 15% as per DTAA between India and USA on such interest income. However, Ld. CIT(Appeals) dismissed the appeal of the assessee on the ground that the assessee has not been able to establish that he is a tax resident of USA. Despite being provided several opportunities, the assessee has not been able to produce the Tax Residency Certificate (in short TR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid order passed by the Ld. CIT(Appeals). Before us, the Counsel for the assessee admitted that the assessee has not been able to provide copy of Tax Residency Certificate since despite several applications, the concerned authorities in USA has still not issued TRC in favour of the assessee. However, the Counsel for the assessee submitted that in the case of S kaps Industries Pvt. Ltd. vs. ITO in ITA Nos. 478 479/Ahd/2018 for A.Ys. 2013-14 2014-15, ITAT Ahmedabad has held that non-production of Tax Residency Certificate by itself would not disentitle the assessee to claim the benefits of India USA Tax Treaty. Further, the Counsel for the assessee requested that the matter may be restored to the file of CIT(Appeals) so as to en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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