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2015 (11) TMI 1191 - AT - Income TaxIncome from offshore services - taxability - Benefit of Article 7 of India-Japan Double Taxation Avoidance Agreement ('DTAA') - Held that:- As decided in assessee's own case [2007 (1) TMI 91 - SUPREME COURT] & [2013 (1) TMI 214 - BOMBAY HIGH COURT] provision of the Act or of the DTA, whichever is more beneficial to the assessee, shall apply. non-applicability of section 9(1) in the present case, Article 7 of the DTAA is also applicable and hence the income arising on account of offshore services would not be taxable Considering the above factual matrix of the case we are of the view that the income from offshore services, though chargeable u/s 9(1)(vii) but exempt under the DTAA, cannot be charged to tax in the light of section 90(2) as discussed. Accordingly, we allow the appeal of the assessee with regard to income from offshore services and set aside the order of the DRP. - Decided in favour of assessee.
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