“tax treaty”

Amerchand & Mangaldas & Suresh A Shroff & Co., Mumbai vs. CIT (A), Cir-16(2), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Amarjit Singh & Shri Ms. Kavitha Rajagopalamarchand & Mangaldas Vs. Commissioner Of Income- & Suresh A Shroff & Co. Tax (Appeals) 5Th Floor, Ganpatrao National Faceless Appeal Kadam Marg, Peninsula Centre (Nfac) Chambers Lower Parel (W) Delhi Maharashtra -400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaafa6542P Appellant .. Respondent

reproduced as under: 9. In view of these discussions, there is a valid school of thought that in the scheme of the Indo Japanese tax treaty, article 14 for independent personal services holds the field for the individuals only- particularly in the light of the exclusion clause under article ... fees for technical services is on 'classical model' of much wider scope and not on the 'make available model' now in vogue in many tax treaties. The only reason for which exclusion from article 12 was canvassed by the Assessing Officer was that rather specific provisions of article 14 have

Pratap Teckchand Dadlaney, Mumbai vs. The Asstt. Director of Income Tax, Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

Brinda Rama Krishna Vs. ITO (supra) wherein the assessee had claimed FTC under section 90 r/w Article 24 of the India – Australia Tax Treaty in 6 A.Y. 2019-20 Pratap Teckchand Dadlaney the revised returned income. However the assessee did not file Form No. 67 before filing the return

DCIT (It) -4(2) (2), Mumbai vs. Sun Life Assurance Company of Canada, Canada

In the result, both the appeals of the revenue are dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos. 1928 & 1929/Mum/2022 (A.Ys. 2015-16 & 2016-17)

payments received from Sun Life India for the aforementioned services would not fall under the purview of Article 12 of the India- Canada Tax Treaty as Royalty or 'Fees for Included Services.” P a g e | 5 ITA Nos. 1928 & 1929/Mum/2022 DCIT (IT) 4(2)(2) Vs. Sun Life Assurance ... that payment received from Sun Life India for the aforesaid services would not fall under the purview of Article 12 of the India Canada Tax Treaty as royalty or fee for included services. 4. The assessee also explained that receipts from Sun Life India towards corporate charges are not liable

DCIT (It) -4(2) (2), Mumbai vs. Sun Life Assurance Company of Canada, Canada

In the result, both the appeals of the revenue are dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos. 1928 & 1929/Mum/2022 (A.Ys. 2015-16 & 2016-17)

payments received from Sun Life India for the aforementioned services would not fall under the purview of Article 12 of the India- Canada Tax Treaty as Royalty or 'Fees for Included Services.” P a g e | 5 ITA Nos. 1928 & 1929/Mum/2022 DCIT (IT) 4(2)(2) Vs. Sun Life Assurance ... that payment received from Sun Life India for the aforesaid services would not fall under the purview of Article 12 of the India Canada Tax Treaty as royalty or fee for included services. 4. The assessee also explained that receipts from Sun Life India towards corporate charges are not liable

Standard Chartered Capital Limited (Formerly Known As Standard Chartered Investments and Loans (India) Limited), Mumbai vs. Deputy Commissioner of Income Tax-1(3), Mumbai

Appeal is dismissed

direct and indirect expenses incurred related to earning exempt dividend income. Additional Ground Of Appeal Additional Ground No 2: Application of India-UK tax treaty rate for dividends while determining Dividend Distribution Tax Liability (DDT) of the Appellant 2.1. On the facts and in the circumstances of the case ... Chartered Bank, a tax resident of UK shall be restricted to the applicable rate of tax on dividends, as prescribed under the India - UK tax treaty. 2.2 On the facts and in the circumstances of the case and in law, rate prescribed under Article 11 of the India - UK tax

Bank of India, Mumbai vs. The Assistant Commissioner of Income Tax-2(1)(1), Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.929/मुं/ 2023 ("न.व.2012-13) Bank Of India, 8Th Floor, Taxation Department, Star House, C-5, G.Block, Badra –Kurla Complex, Bandra (East), Mumbai 400 051 Pan: Aaacb-0472-C ...... अपीलाथ" /Appellant बनाम Vs. The Asstt. Commissioner Of Income Tax 2(1)(1),Mumbai. Mumbai. ..... ""तवाद"/Respondent आअसं.973/मुं/ 2023 ("न.व.2012-13) The Asstt. Commissioner Of Income Tax 2(1)(1),Mumbai. Mumbai. ...... अपीलाथ" /Appellant बनाम Vs. Bank Of India, 8Th Floor, Taxation Department, Star House, C-5, G.Block, Badra –Kurla Complex, Bandra (East), Mumbai 400 051 Pan: Aaacb-0472-C ..... ""तवाद"/Respondent Assessee By : Shri C. Naresh Revenue By : Shri H.N.Singh, Cit-Dr सुनवाई क" "त"थ/ Date Of Hearing : 27/06/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 28/06/2023

concerned. We see no substance in this plea either. The notification deals with connotations of the expression “may be taxed”, appearing in the tax treaties entered into by India, and there is absolutely no basis whatsoever to support the proposition that the effect of the notification has to be restricted ... entered into double taxation avoidance agreement. While granting the tax credit, the Assessing Officer will examine the provisions of the respective tax treaty, and compute the admissible tax credit separately for each jurisdiction in accordance with the scheme of related treaty. With these directions, the matter stands restored

DCIT, Circle 16(2), Mumbai vs. M/S Cyril Amarchand Mangaldas, Mumbai

In the result, the appeal by the Revenue for the assessment year 2017-

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

applicable legal position. 5. There is no dispute about the fundamental legal position that, in terms of Article 23(2)(a) of Indo Japanese tax treaty, "where a resident of India derives income which, in accordance with the provisions of this Convention, may be taxed in Japan, India shall allow ... directly or by deduction" [Emphasis, by underlining. supplied by us]. What essentially follows is that when in accordance with the provisions of Indo Japanese tax treaty, any income of Indian resident is taxed in Japan, the Indian resident will get the deduction, in the computation of his tax liability, taxes

DCIT, Cir 16(2), Mumbai vs. M/S Cyril Amarchand Mangaldas, Mumbai

In the result, the appeal by the Revenue for the assessment year 2017-

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

applicable legal position. 5. There is no dispute about the fundamental legal position that, in terms of Article 23(2)(a) of Indo Japanese tax treaty, "where a resident of India derives income which, in accordance with the provisions of this Convention, may be taxed in Japan, India shall allow ... directly or by deduction" [Emphasis, by underlining. supplied by us]. What essentially follows is that when in accordance with the provisions of Indo Japanese tax treaty, any income of Indian resident is taxed in Japan, the Indian resident will get the deduction, in the computation of his tax liability, taxes

M/S Kepco Plant Service & Engineering Co Limited, Mumbai vs. Commissioner of Income Tax-(It), Mumbai

Appellant in India in terms of Article 5 of the Double Taxation Avoidance Agreement between India and South Korea (hereinafter referred to as ‘Tax Treaty’). Therefore, the Project Offices, being Permanent Establishments, were required to be treated as an enterprises separate from the Korean - Head Office of the Appellant (hereinafter ... view that the Assessing Officer had not made proper enquiry about the total receipts not being disclosed in the Profit & Loss Account, Tax Treaty benefits claimed, offshore services rendered and the attribution of income out of Indian operations to the Permanent Establishment of the Appellant in India. Therefore

Wartsila India Pvt Ltd., Navi Mumbai vs. Dy CIT 15(3)(1), Mumbai

Bench: Shri Kuldip Singh & Ms. Padmavathy S

wherein the Company has an option to be governed by the provisions of the Act or the India-Finland Tax Treaty, whichever are more beneficial. 8. The taxability of dividend income is dealt with in Article 10 of the Tax Treaty entered into between India and Finland. Article ... India-Finland Tax Treaty inter-alia provides that the dividends may be taxed in the resident contracting state of the dividend paying company and according to the laws of that state and in case the beneficial owner of the dividends is a resident of the other contracting state, the tax

Wartsila India Pvt Ltd, Navi Mumbai vs. Dy CIT 15 (3)(1), Mumbai

Bench: Shri Kuldip Singh & Ms. Padmavathy S

wherein the Company has an option to be governed by the provisions of the Act or the India-Finland Tax Treaty, whichever are more beneficial. 8. The taxability of dividend income is dealt with in Article 10 of the Tax Treaty entered into between India and Finland. Article ... India-Finland Tax Treaty inter-alia provides that the dividends may be taxed in the resident contracting state of the dividend paying company and according to the laws of that state and in case the beneficial owner of the dividends is a resident of the other contracting state, the tax

DDIT (It) 2(1), Mumbai vs. Reuters Ltd, Mumbai

Appeals are disposed off

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Assessment Year 2000 – 01

distribution agreement between the assessee and future India private limited and is taxable as royalty under article 13 of the India UK tax treaty taxable at the rate of 15% on gross basis. The learned AO relied upon several judicial precedents. However the learned AO has not taken into cognizance ... India private limited that the amount received under the distribution agreement and product distribution agreement cannot be taxed as royalty under the India UK tax treaty. He specifically referred that the coordinate bench has held that in respect of remittance of the same revenue for the same assessee

ADIT (It)-2(1), Mumbai vs. Reuters Ltd, Mumbai

Appeals are disposed off

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Assessment Year 2000 – 01

distribution agreement between the assessee and future India private limited and is taxable as royalty under article 13 of the India UK tax treaty taxable at the rate of 15% on gross basis. The learned AO relied upon several judicial precedents. However the learned AO has not taken into cognizance ... India private limited that the amount received under the distribution agreement and product distribution agreement cannot be taxed as royalty under the India UK tax treaty. He specifically referred that the coordinate bench has held that in respect of remittance of the same revenue for the same assessee

Refinitiv Ltd., Mumbai vs. ADIT (It) RG 2(1), Mumbai

Appeals are disposed off

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Assessment Year 2000 – 01

distribution agreement between the assessee and future India private limited and is taxable as royalty under article 13 of the India UK tax treaty taxable at the rate of 15% on gross basis. The learned AO relied upon several judicial precedents. However the learned AO has not taken into cognizance ... India private limited that the amount received under the distribution agreement and product distribution agreement cannot be taxed as royalty under the India UK tax treaty. He specifically referred that the coordinate bench has held that in respect of remittance of the same revenue for the same assessee