Assessing Officer (International Taxation) v. Nestle SA

Tfdac Ireland II Limited, Ireland vs. Deputy Commissioner of Income Tax International Tax Circle 4(1)(2) Mumbai, Mumbai

…accordance with the object and purpose of the said DTAA, the beneficial provisions of the DTAA will not be available. 20. In rebuttal, the assessee draws sustenance from the decision of the Hon‟ble Supreme Court in Assessing Officer (I.T.) v. Nestle SA (2023) 458 ITR 756. The Court, while 14 ITA No.1198/Mum/2025 and others construing the effect of “Most Favoured Nation” clauses in earlier DTAAs in the light of subsequently negotiated DTAAs with other OECD member states, laid down, in categorical terms, that “the consequences of a subsequent tax treaty on an earlier tax treaty must be separately notified, otherwi…

Dae(Sy22) Leasing (Ireland)41, Designated Activity Company, Mumbai vs. Assistant Commissioner of Income Tax International Taxation Circle 2(1)(2), Mumbai

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

…accordance with the object and purpose of the said DTAA, the beneficial provisions of the DTAA will not be available. 20. In rebuttal, the assessee draws sustenance from the decision of the Hon‟ble Supreme Court in Assessing Officer (I.T.) v. Nestle SA (2023) 458 ITR 756. The Court, while construing the effect of “Most Favoured Nation” clauses in earlier DTAAs in the light of subsequently negotiated DTAAs with other OECD member states, laid down, in categorical terms, that “the consequences of a subsequent tax treaty on an earlier tax treaty must be separately notified, otherwise the earlier tax treaty continues…

Dae (Sabs) Leasing Ireland 43 Designated Activity Company, Mumbai vs. Assistant Commissioner of Income Tax Int Tax.Circle 2(1)(2), Mumbai

In the result, appeals of the assessees are allowed and

…accordance with the object and purpose of the said DTAA, the beneficial provisions of the DTAA will not be available. 20. In rebuttal, the assessee draws sustenance from the decision of the Hon‟ble Supreme Court in Assessing Officer (I.T.) v. Nestle SA (2023) 458 ITR 756. The Court, while construing the effect of “Most Favoured Nation” clauses in earlier DTAAs in the light of subsequently negotiated DTAAs with other OECD member states, laid down, in categorical terms, that “the consequences of a subsequent tax treaty on an earlier tax treaty must be separately notified, otherwise the earlier tax treaty continues…

Dae (Sabs) 10296 Ireland Designated Activity Company, Mumbai vs. Assistant Commissioner of Income Tax (Int Taxation), Cirlce 2(1)(2), Mumbai

In the result, appeals of the assessees are allowed and

…accordance with the object and purpose of the said DTAA, the beneficial provisions of the DTAA will not be available. 20. In rebuttal, the assessee draws sustenance from the decision of the Hon‟ble Supreme Court in Assessing Officer (I.T.) v. Nestle SA (2023) 458 ITR 756. The Court, while construing the effect of “Most Favoured Nation” clauses in earlier DTAAs in the light of subsequently negotiated DTAAs with other OECD member states, laid down, in categorical terms, that “the consequences of a subsequent tax treaty on an earlier tax treaty must be separately notified, otherwise the earlier tax treaty continues…

Sky High Xliii Leasing Company Limited, Ireland vs. Assistant Commissioner of Income Tax Int Tax Circle 4 (2) (1) Mumbai, Mumbai

…accordance with the object and purpose of the said DTAA, the beneficial provisions of the DTAA will not be available. 20. In rebuttal, the assessee draws sustenance from the decision of the Hon‟ble Supreme Court in Assessing Officer (I.T.) v. Nestle SA (2023) 458 ITR 756. The Court, while 14 ITA No.1198/Mum/2025 and others construing the effect of “Most Favoured Nation” clauses in earlier DTAAs in the light of subsequently negotiated DTAAs with other OECD member states, laid down, in categorical terms, that “the consequences of a subsequent tax treaty on an earlier tax treaty must be separately notified, otherwi…