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TMI Blog2025 (3) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's own case for the AY 2008- 09 was brought on record. In the absence of any contrary view, having no option except to follow the ITAT order in assessee's own case, we are of the opinion that the CIT(A) is justified in holding that the assessee is liable to deduct tax on interest payment made to RBS Coutts Bank Ltd., Singapore. Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to the Assessing Officer that the assessee neither deducted TDES from interest payment made to foreign bank nor filed undertaking with the remitting bank. The assessee explained that the said RBS Coutts Bank Ltd. is not a persona and contended vehemently before the Assessing Officer that the provisions under section 195 of the Act are not applicable. The Assessing Officer held that section 9 of the Act stipulates strictly about the taxability of income that arise or accrue in India and the interest payment made by the assessee is an income deemed to accrue or arise in India under section 9(1)(v)(c) of the Act. Accordingly, the entire interest amount was added by attracting section 40(a)(i) of the Act for violation of non-deduction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ource on the aforesaid payment of interest u/s 195 of the Act." 6.3 Hence, the Hon'ble ITAT has taken due cognizance of article 11(1) and 11(2) of the DTAA between India and Switzerland and taking cognizance of Article 11(2) the Hon'ble ITAT has given the finding that the rate of tax could not exceed 10%. The Hon'ble ITAT also examined whether case of the appellant is covered by article 11(3) of the DTAA. Hence, the argument of the appellant that the Hon'ble ITAT had considered only article 11(3) and not other articles of the DTAA between India and Switzerland is misplaced and the same is rejected 6.4 The decision of Hon'ble ITAT, Chennai in appellant's own case for the AY 2008-09 on the same facts is binding on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch payment of interest to RBS Coutts Bank Ltd.. 8. The ld. DR Ms. Sandhya Rani Kure, JCIT submits that the Assessing Officer also considered the order of the ITAT in assessee's own case as far as the ld. CIT(A) also placing on the same and dismissed the appeal of the assessee. She argued that there is no reference before the ld. CIT(A) about any contrary view regards the decision of the ITAT in assessee's own case. She supported the order of the ld. CIT(A) and prayed to confirm the same. 9. On perusal of the assessment order, we note that the Assessing Officer referred to the order of this Tribunal in assessee's own case at page 4 of the assessment order as rightly pointed out by the ld. DR. On perusal of the impugned order, we note that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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