Delhi H.C : The extent and reach of r. 115 of the IT Rules, 1962 (for short the Rules), is the subject-matter of controversy in this appeal. Tribunal, with reference to the decision of the apex Court in CIT & Ors. vs. Chowgule & Co. Ltd.

High Court Of Delhi

Director Of Income Tax vs. Dumez Sogea Borie Sae

Section Rule 115

Arijit Pasayat, C.J. & D.J. Jain, J.

IT Appeal No. 153 of 2001

1st October, 2001

Counsel Appeared

Sanjiv Khanna & Ms. Prem Lata Bansal, for the Appellant

JUDGMENT

BY THE COURT :

Heard. The extent and reach of r. 115 of the IT Rules, 1962 (for short the Rules), is the subject-matter of controversy in this appeal. Tribunal, with reference to the decision of the apex Court in CIT & Ors. vs. Chowgule & Co. Ltd. (1996) 131 CTR (SC) 108 : (1996) 218 ITR 384 (SC) : TC 70R.891, held that assessee was entitled to the benefits in terms of r. 115 of the Rules. Learned counsel for the Revenue contends that the said rule has no application to remittances made outside India. A bare reading of the said provision and the decision of the apex Court makes it clear that the stand taken by the Revenue is without any merit. Accordingly we do not entertain this appeal. Dismissed.

[Citation : 257 ITR 576]

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