ITAT President Declines to Form Special Bench on TRC-Related Issues in the Essar Communications Case
- Blog|News|International Tax|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 28 August, 2024
Latest from Taxmann
News, dated 27-08-2024
The Revenue filed an application before the President of the Tribunal, seeking reference of the Appeals to a Special Bench. The appeal pertains to Essar Communications Ltd. (ECL) and Essar Com Ltd. (ECOM) challenging the Assessment order rejecting the TDS refund of Rs. 2821,21,70,693/- and Rs. 1097,18,51,195/- respectively.
The application was filed on the ground that the appeals involved issues of substantial public importance requiring a decision in an authoritative manner.
After hearing the parties, the President of the Tribunal held that the appeals do not involve questions of law, much less of public importance, so as to require reference of the appeals to a Special Bench.
The reference was sought only because the appeals involve questions of great public importance, not on the grounds of any conflict of decisions by co ordinate benches in similar factual situations.
It can prima facie be seen that, broadly, two questions are involved. One concerns the TRC and the India Mauritius DTAA, which essentially consists of deciding whether the assessees are tax residents of India or Mauritius. The next issue, which, according to the parties, arises only in the appeal of ECL, is whether the assessee has engaged in colourable devices and/or entered into sham and bogus documents to show that the assessee’s effectual control and management are from Mauritius.
The president held that both these are issues of fact. The decision arrived at by the Bench one way, or the other would then be governed by the law laid down by the Hon’ble Supreme Court in the case of Mc Dowell & Co. Ltd. [1985) 154 ITR 148 (SC), Union of India and Vodafone International Holdings B.V. [2012) 341 ITR 1 (SC).
Click Here To Read The Full Updates
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
