Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 981 - AT - Income TaxTaxability in India - whether “slot hire charges” received by the assessee was covered by Article 8 of the Indo UAE DTAA? - Permanent Establishment (PE) in India - Held that:- Reading of order of AAR [1997 (10) TMI 393 - ADVANCE RULING AUTHORITY] in its entirety makes it clear that AAR had decided in clear words that the impugned income i.e. income from slot hire charges shall be part of income from shipping operations and would be eligible for the benefit of Article 8 of DTAA between India and UAE and thus not liable for tax in India. The DRP has grossly erred in not reading the order of AAR properly which has caused undue hardship of the assessee. The order of the AAR had attained finality. Thus, this issue was no more open to be decided in any other manner by the AO or DRP. Under these circumstances, we decide this issue in favour of the assessee.
|