← All Phrases

“principal purpose test”

International TaxMLIMLI103 judgments

The decision most relied on for principal purpose test is (i) Formula One World Championship Ltd. v. CIT (394 ITR 80), cited in 200 judgments on BharatTax.

Leading authorities on principal purpose test

(i) Formula One World Championship Ltd. v. CIT
394 ITR 80 · 2017 · Supreme Court
200
citing judgments

This case provides foundational principles that illuminate the contours of the concept of 'Permanent Establishment' (PE) under tax treaties, especially regarding a 'fixed place' PE.

Judgments citing principal purpose test

Hoohly Aviation Leasing Limited, Ireland vs. Assistant Commissioner of Income Tax International Taxation Circle 2(1)(1) New Delhi, New Delhi

In the result, appeals of the assesses are allowed, pro tanto

ITA 1027/DEL/2025[2022-23]Status: DisposedITAT Delhi30 Sept 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description

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

ITA 1198/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23
Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

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

ITA 1157/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23

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

Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

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

ITA 1156/MUM/2025[2022-22]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-22
Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

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

ITA 1155/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23
Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

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

ITA 1122/MUM/2025[2022-2023]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-2023
Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

Ortus Aircraft Lease 5( Dublin) Limited, Mumbai vs. Deputy Commissioner of Income Tax Circle 3(2)(2) International Taxation, Mumbai

ITA 1108/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

Sunflower Aircraft Leasing Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 4(2)(2) International Tax, Mumbai

In the result, the appeal of the assessee stands allowed

ITA 1107/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23
Section 143(3)Section 144C(13)Section 144C(5)Section 9(1)(vi)

draft assessment order dated 31 March 2024, the AO denied the assessee's claim to treaty protection. He invoked the Principal Purpose Test (“PPT”) as enshrined in Articles 6 and 7 of the Multilateral Instrument ("MLI"), alleging that the assessee had failed to discharge the burden of proving that ... this regard is as under:- "Panel notes that the Ld. AO has not been able to make a case for application of Principal Purpose Test in the Draft Assessment Order, or in the enquiry report dated 19.12.2024. Hence, Ground of Objection No. 5 and 6 of the applicant are accepted

Ortus Aircraft Lease 6(Dublin) Limited, Mumbai vs. Deputy Commissioner of Income Tax Circle 3(2)(2) International Taxation, Mumbai

ITA 1106/MUM/2025[2022-23]Status: DisposedITAT Mumbai13 Aug 2025AY 2022-23

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

Section 143(3)Section 144C(13)Section 144C(5)

directions issued by the learned DRP travel beyond its jurisdiction; (c) Whether Articles 6 and 7 of the Multilateral Instrument (“MLI”), embodying the Principal Purpose Test (“PPT”), apply to the facts and operate to deny treaty benefits; (d) The true characterisation and taxability of lease rentals and supplementary lease rentals ... with OECD principles. 9. The AO, however, in the Draft Assessment Order dated 31 March 2024, rejected these submissions and concluded that the Principal Purpose Test (“PPT”) under Articles 6 and 7 of the MLI was not satisfied. The AO placed reliance on factors such as: firstly, the ultimate parent

Essar Communications Limited, Mauritius vs. ACIT, Circle-1 (2)(2), New Delhi

ITA 340/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG
Section 250Section 253Section 6(3)

avoidance of tax on capital gain that arose on sale of VEL shares. 56. The lower authorities have failed to appreciate that the principal purpose test of incorporating the company in Mauritius for capital gain exemption clause w.e.f. 1 April 2017 and, therefore, the capital gain exemption claimed

Assistant Commissioner of Income Tax, Delhi vs. Remfry & Sagar, New Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 5429/DEL/2024[2022-23]Status: DisposedITAT Delhi30 May 2025AY 2022-23

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy

For Appellant: Shri K.V.S.R. Krishna and Shri Aman Goel, CAsFor Respondent: Ms. Monika Singh, CIT-DR
Section 37

expenditure liable to be disallowed. 28. We find ourselves unable to sustain that contention since, in our considered opinion, it is the principal purpose test which would be determinative of whether the expenditure was one which could have been disallowed. As noticed in the previous parts of this judgment, while

Assistant Commissioner of Income Tax, Delhi vs. Remfry & Sagar, Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 5428/DEL/2024[2021-22]Status: DisposedITAT Delhi30 May 2025AY 2021-22

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy

For Appellant: Shri K.V.S.R. Krishna and Shri Aman Goel, CAsFor Respondent: Ms. Monika Singh, CIT-DR
Section 37

expenditure liable to be disallowed. 28. We find ourselves unable to sustain that contention since, in our considered opinion, it is the principal purpose test which would be determinative of whether the expenditure was one which could have been disallowed. As noticed in the previous parts of this judgment, while

Assistant Commissioner of Income Tax, Delhi vs. Remfry & Sagar, Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 5427/DEL/2024[2020-21]Status: DisposedITAT Delhi30 May 2025AY 2020-21

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy

For Appellant: Shri K.V.S.R. Krishna and Shri Aman Goel, CAsFor Respondent: Ms. Monika Singh, CIT-DR
Section 37

expenditure liable to be disallowed. 28. We find ourselves unable to sustain that contention since, in our considered opinion, it is the principal purpose test which would be determinative of whether the expenditure was one which could have been disallowed. As noticed in the previous parts of this judgment, while

Assistant Commissioner of Income Tax, Delhi vs. Remfry & Sagar, Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 5426/DEL/2024[2018-19]Status: DisposedITAT Delhi30 May 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy

For Appellant: Shri K.V.S.R. Krishna and Shri Aman Goel, CAsFor Respondent: Ms. Monika Singh, CIT-DR
Section 37

expenditure liable to be disallowed. 28. We find ourselves unable to sustain that contention since, in our considered opinion, it is the principal purpose test which would be determinative of whether the expenditure was one which could have been disallowed. As noticed in the previous parts of this judgment, while

Assistant Commissioner of Income Tax, Delhi vs. Remfry & Sagar, Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 5425/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy

For Appellant: Shri K.V.S.R. Krishna and Shri Aman Goel, CAsFor Respondent: Ms. Monika Singh, CIT-DR
Section 37

expenditure liable to be disallowed. 28. We find ourselves unable to sustain that contention since, in our considered opinion, it is the principal purpose test which would be determinative of whether the expenditure was one which could have been disallowed. As noticed in the previous parts of this judgment, while

Il&Fs Rail Ltd., Gurgaon vs. DCIT, Gurgaon

In the result, appeals of the assesses are allowed, pro tanto

ITA 1288/DEL/2016[2011-12]Status: DisposedITAT Delhi17 Mar 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description

Remfry & Sagar, Delhi vs. ACIT, Circle-61(1), Delhi

In the result, appeals of the assesses are allowed, pro tanto

ITA 1631/DEL/2024[2018-19]Status: DisposedITAT Delhi04 Feb 2025AY 2018-19

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description

Sukriti Information Systems Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, appeals of the assesses are allowed, pro tanto

ITA 1515/DEL/2017[2012-13]Status: DisposedITAT Delhi31 Jan 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description

Harsh Vardhan Goyal HUF, Delhi vs. ITO, Ward 2(1), Delhi

In the result, appeals of the assesses are allowed, pro tanto

ITA 1246/DEL/2024[2012-13]Status: DisposedITAT Delhi27 Jan 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description

Sms Group Gmbh (Formerly Sms Siemag Ag), New Delhi vs. ACIT, Circle- 3(1)(2), Intl Taxtion, New Delhi

In the result, appeals of the assesses are allowed, pro tanto

ITA 1073/DEL/2014[2005-06]Status: DisposedITAT Delhi06 Jan 2025AY 2005-06

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.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, New Delhi 110002

Profit Shifting (BEPS) signed by Ireland and by India on 7/6/2017. In terms of Article 6 & 7 of MLI, the assessee must qualify Principal Purpose Test (PPT). The MLI has the effect of modifying India-Ireland DTAA, in light of the modified provisions of the India-Ireland DTAA, the amount ... Against this settled backdrop, the approach adopted by the Assessing Officer and the learned DRP in treating the Principal Purpose Test under the MLI as self- executing in relation to the India-Ireland DTAA is wholly unsustainable. Not only does it run counter to the Revenue's own description