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2014 (1) TMI 385 - AT - Income TaxStatus of Assessee – Taxability of Profits - Profits from the operation of ships to be taxable or not in India - Whether the assessee is having a Permanent Establishment in India OR not under Article 5 of AADT – Held that:- The AO has not at all considered the issue regarding PE and CIT (A) has considered the issue with reference to Article 5(6) - Technically, CIT (A) has decided the issue relating to PE and it can be considered with reference to the ground taken by the department - but, in order to have a complete holistic view, it is necessary that all the relevant Articles dealing with the issue are considered by the lower authorities before arriving at any conclusion – The decision of Deputy Director of Income tax (International Taxation) v Thoresen Chartering Singapore (Pte) Ltd. [2008 (6) TMI 227 - ITAT BOMBAY-L] followed – order of the CIT(A) set aside and the matter restored to AO for fresh consideration – Decided in favour of Revenue.
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