GY AVIATION LEASE 1803 CO., LIMITED,DUBLIN, IRELAND vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(3)(1), INTERNATIONAL TAX, DELHI, NEW DELHI
What did the Tribunal hold?
The Tribunal held that leasing equipment on a bareboat basis, without master and crew, does not constitute a PE in India. The control of the equipment remained with the Indian lessee, distinguishing it from cases involving wet leasing.
What were the facts?
The appeals concerned whether the leasing of dredging equipment on a bareboat basis constituted a Permanent Establishment (PE) in India for foreign lessors. The Assessing Officer and DRP held that it did, relying on a previous High Court decision.
What were the issues?
Whether bareboat leasing of dredging equipment creates a Permanent Establishment in India under the India-Ireland Double Taxation Avoidance Agreement.
Which sections of the Income-tax Act were involved?
Article 5
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Cases cited in this judgment(10)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Union of India v. Azadi Bachao Andolan691 citing263 ITR 706 · 2003 · SC · Read judgment
- (i) Formula One World Championship Ltd. v. CIT200 citing13 SCC 294 · 2017 · SC
- Asea Brown Boveri Limited v. Industrial Finance Corporation of India Ltd.157 citing154 Taxmann 512 · 2006 · SC
- Gramaphone Co. of India Ltd. v. Birendra Bahadur Pandey146 citing132 Taxmann 373 · 2003 · SC
- Assessing Officer (International Taxation) v. Nestle SA122 citing458 ITR 756 · 2023 · SC · Read judgment
- 154 Taxman 512 (SC) and Association of Leasing & Financial Services v. Union of India113 citing2 SCC 362 · 2011
- Celestial Aviation Trading 15 Ltd. v. ACIT92 citing176 Taxmann.com 902
- Sky High Appeal XLIII Leasing Company Ltd. v. ACIT85 citing177 Taxmann.com 579 · ITAT
- InterGlobe Aviation Ltd. (IndiGo) v. ACIT83 citing131 Taxmann.com 98
- SC Lowy P.I. (LUX) SARL v. ACIT81 citing170 Taxmann.com 475 · HC
आयकर अपीलीय अिधकरण िद"ी पीठ “डी”, िद"ी "ी िवकास अव"थी, "ाियक सद" एवं "ी अवधेश कुमार िम"ा, लेखाकार सद"के सम" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER आअसं.994/िद"ी/2025(िन.व. 2022-23)
Kosi Aviation Leasing Ltd., C/o DMD Advocates, 30, Nizamuddin East, New Delhi 110013 ...... अपीलाथ"/Appellant PAN : AAICK-6199-B बनाम Vs.
Assistant Commissioner of Income Tax, International Taxation, Circle 2(1)(2), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 आअसं.1027/िद"ी/2025(िन.व. 2022-23)
Hoohly Aviation Leasing Ltd., C/o DMD Advocates, 30, Nizamuddin East, New Delhi 110013 ...... अपीलाथ"/Appellant PAN : AAFCH-6609-C बनाम Vs.
Assistant Commissioner of Income Tax, International Taxation, Circle 2(1)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 आअसं.1070/िद"ी/2025(िन.व. 2022-23)
Luni Aviation Leasing Ltd., C/o DMD Advocates, 30, Nizamuddin East, New Delhi 110013 ...... अपीलाथ"/Appellant PAN : AAECL-5180-H बनाम Vs.
Assistant Commissioner of Income Tax, International Taxation, Circle 2(2)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, Ne
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