9911796707
TMI Blog2024 (7) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/90A of the Income Tax Act read with Article 24 of India-Australia DTAA in respect of taxes paid by the Australian branch denied - HELD THAT:- On examining the company tax return and the activity statements, it appears prima facie that the petitioner has remitted taxes through the Australian branch. It is clear that Foreign Tax Credit in respect thereof was claimed by the petitioner by filing For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice Senthilkumar Ramamoorthy For the Petitioner : Mr.V.Vikram for M/s.Subbaraya Aiyar Padmanabhan and Ramamani For the Respondents : Mr.V.Mahalingam, Senior Standing Counsel ORDER An order under Section 154 of the Income Tax Act, 1961 (the Income Tax Act) dated 27.05.2024 is challenged in this writ petition. 2. In respect of assessment year 2022-2023, the petitioner filed the original return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Foreign Tax Credit was not granted. In those circumstances, a rectification petition dated 09.11.2023 was filed. Since such rectification petition was rejected by once again denying the Foreign Tax Credit, the present writ petition was filed. 3. Learned counsel for the petitioner invited my attention to the company tax return filed in Australia. With reference thereto, he pointed out that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... total value of the Foreign Tax Credit. 4. Mr.V.Mahalingam, learned senior standing counsel, accepts notice for the respondents. He submits that the matter may be remanded for reconsideration with regard to the Foreign Tax Credit. 5. On examining the company tax return and the activity statements, it appears prima facie that the petitioner has remitted taxes through the Australian branch. It is cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to consideration such Foreign Tax Credit claim and interest liability arising therefrom, the petitioner shall discharge the same. After providing a reasonable opportunity to the petitioner, the Central Processing Centre, Bangalore shall issue a fresh order within three months from the date of receipt of a copy of this order. 7. The writ petition is disposed of on the above terms without any order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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