2017-VIL-1111-BOM-DT

BOMBAY HIGH COURT

Income Tax Appeal No. 359 OF 2015

Date: 11.07.2017

THE COMMISSIONER OF INCOME TAX3, MUMBAI

Vs

TEMASEK HOLDINGS ADVISORS INDIA PVT. LTD.

Mr.Suresh Kumar a/w. Ms.S. Kanani for the Appellant.
Mr.Porus Kaka, Senior Counsel a/w. Mr.Divyesh Chawla and Mr.Jas Sanghavi i/b. PDS Legal for the Respondent.

BENCH

S.V. Gangapurwala And A.M. Badar, JJ.

JUDGMENT

3] The said aspect can be considered at the time of hearing of the appeal. As the appeals between the same parties are admitted for the previous Assessment Years on the same substantial question, we “Admit” the present appeal on following substantial question of law;

“A. Whether on the facts and circumstances of the case and in law, the Income Tax Appellate Tribunal was justified in deleting the disallowance of expenditure of Rs. 12,73,34,892/claimed by the assessee as reimbursement of cost of salary and other expenses to its holding company due to nondeduction of TDS under section 40(a)(ia) read with the provisions of the Double Taxation Avoidance Agreement with Singapore.”

4] As far as question Nos.(B) and (C) as framed by the Department is concerned, the same are not considered as substantial questions of law, as they were already rejected in earlier appeals.

5] To be heard along with Income Tax Appeal No.1051 of 2014.

 

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