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2013 (1) TMI 214 - BOMBAY HIGH COURTOffshore supply of equipments and offshore services - whether be taxed within the purview of section 9(1) - Held that:- ITAT followed the decision of Ishikawajima Harima Heavy Industries Co. Ltd. v. DIT [2007 (1) TMI 91 - SUPREME COURT] wherein held that the amount receivable by the assessee in respect of offshore supply of equipments and offshore services cannot be taxed under section 9(1). Also apart from non-applicability of section 9(1) in the present case Article 7 of the DTAA between India and Japan is also applicable and, hence, the income arising on account of offshore services and offshore supply of equipments would not be taxable. Thus if the assessee is not liable to tax in view of the Article 8 of DTAA between India and Japan, then, irrespective of the amendment to section 9(1) the assessee would not be liable to tax - no fault in the order of the ITAT.
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