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2005 (7) TMI 81 - HC - Income TaxFailure to fulfuill conditions as required under Agreement for Avoidance of Double Taxation (AADT) - claim in respect of exemption from double taxation - presumptive taxation under section 44BB - Section 44BB contains special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils - "1. Whether, Tribunal has erred in law in holding that the appellants have failed to satisfy the condition that 'the remuneration is not deductible in computing the profits of an enterprise chargeable to tax in that other State'? - 2. Whether, Tribunal has erred in law in holding that the appellants are not governed by the provisions of the Agreement for Avoidance of Double Taxation (AADT)?" – Held that unless the conditions as required under the AADT are fulfilled, the assessee cannot claim the benefit of the same – Hence, both the questions are answered in the negative, i.e., in favour of the Department and against the appellants.
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