BLACKBIRD CAPITAL II LIMITED,FOREIGN vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE INTERNATIONAL TAX - 1(1)(2), DELHI

ITA 1526/DEL/2025Status: DisposedITAT Delhi30 September 2025AY 2022-2394 pages
AI SummaryAllowed

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 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.

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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