Tribunal held that assessee not having contested applicability of S. 44C either before AO or before CIT(A) matter was to be remanded back to AO for examining assessee’s claim with regard to applicability or otherwise of S. 44C qua article–26 of India-U.K. Tax Treaty. (AY. 1997-98)
Standard Chartered Bank v. JCIT (2019) 177 ITD 139/200 TTJ 774 / 178 DTR 201(Mum.) (Trib.)
S. 44AC : Non-Resident-Head office expenditure-Issue raised first time before Appellate Tribunal- Matter remanded–DTAA-India-UK [Art. 26]