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“tax treaty”

Chapter X-A - GAARSection 102(11)Section 102(11)1,494 judgments

The decision most relied on for tax treaty is Union of India v. Azadi Bachao Andolan (263 ITR 706), cited in 691 judgments on BharatTax.

Leading authorities on tax treaty

Union of India v. Azadi Bachao Andolan
263 ITR 706 · 2003 · Supreme Court
691
citing judgments

A citizen is free to carry on business within the law, and mere tax planning without a motive to evade taxes through colorable devices is not frowned upon. The liability to taxation, for the purpose of tax treaty application, is a legal situation, not the fiscal fact of actual payment.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

Motorola Inc. v. Dy. CIT
95 ITD 269 · 2005 · High Court
213
citing judgments

Revenue must demonstrate the existence of a Permanent Establishment (PE) of a foreign enterprise in India, including establishing that transactions underlying a Dependent Agent PE were not at arm's length. Income from the sale of goods is not taxable in India if title and risk in the goods pass outside India.

(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.

DIT v. Guy Carpenter & Co Ltd.
346 ITR 504 · 2012 · High Court
171
citing judgments

For fees for technical services to be taxable under a tax treaty's 'make available' clause, a transfer of technology enabling the recipient to independently perform the service in the future is necessary, beyond mere service rendition. The case also clarifies that re-insurance services do not constitute 'imparting' of information taxable as royalty.

Judgments citing tax treaty

Cpi India I Limited, Mumbai vs. Assistant Commissioner of Income-Tax, Circle Int Tax 1(2)(1), Delhi

In the result, appeal of the assessee is partly allowed

ITA 1826/DEL/2025[2018-2019]Status: DisposedITAT Delhi31 Oct 2025AY 2018-2019

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.1826/िद"ी/2025(िन.व. 2018-19) Cpi India I Ltd. C/O Vasa Chauhan & Associates, Off. No. 41, 3Rd Floor, Hi Life Premises, P M Road, Santacruz West, Mumbai, Maharashtra 400054 ...... अपीलाथ"/Appellant Pan: Aadcc-1505-G बनाम Vs. Assistant Commissioner Of Income-Tax, International Taxation 1(2)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By: Shri Dhanesh Bafna, (Through Vc) & Ms. Kashish Gupta, Chartered Accountants "ितवादी"ारा/Respondent By: Shri M.S Nethrapal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 05/08/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 31/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against Assessment Order Dated 31.01.2025 Passed U/S. 147 R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2018-19. 2. Shri Dhanesh Bafna, Appearing On Behalf Of The Assessee Submits That The Assessee Is A Tax Resident Of Mauritius. The Assesee Is An Investment Holding Company. The Assessee Has Obtained Global Business License From The Financial

For Appellant: Shri Dhanesh Bafna, (Through VC) &For Respondent: Shri M.S Nethrapal, CIT-DR
Section 112(1)(c)Section 147Section 48

Officer, the assessee had claimed exemption on capital gain arising on sale of shares by taking shelter under Article 13(4) of India – Mauritius tax treaty. However, both the Assessing Officer and learned DRP have rejected assessee’s claim by holding that assessee being a mere paper company ... view, the reasoning, on which, the departmental authorities have denied assessee’s claim of benefit under Article 13(4) of the tax treaty are unacceptable. It is evident, in course of proceedings before the departmental authorities, the assessee has furnished all materials and evidences to establish its residential status, bank

The Milestone Aviation Asset Holding Group No.25 Ltd., Ireland vs. ACIT Int. Tax. Circle 3(1)(1) New Delhi, New Delhi

In the result, this issue is decided in favour of the appellant assessees and against the Revenue

ITA 1351/DEL/2025[2022-2023]Status: DisposedITAT Delhi31 Oct 2025AY 2022-2023

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraita No.1350/Del./2025, A.Y. 2022-23 Vertical Aviation No. 1 Ltd., Assistant Commissioner Of Dolmen House, 3Rd Floor, Income Tax, 4 Earlsfort Terrace, Vs. Circle Int. Tax. - 3(1)(1), Dublin 2, Ireland Do2E024 Civic Centre, Minto Road, Pan: Aafcv8726N New Delhi-110002 (Appellant) (Respondent) Ita No.1351/Del./2025, A.Y. 2022-23 The Milestone Aviation Assistant Commissioner Of Asset Holding Group No. 25 Income Tax, Ltd., Vs. Circle Int. Tax. - 3(1)(1), Dolmen House, 3Rd Floor, Civic Centre, Minto Road, 4 Earlsfort Terrace, New Delhi-10002 Dublin 2, Ireland D02E024 Pan: Aahct8009N (Appellant) (Respondent) Both Appellant By Sh. Sachit Jolly, Sr. Advocate Ms. Rashi Khanna, Advocate Ms. Viyushti Rawat, Advocate (Vc) Sh. Devansh Jain, Advocate Ms. Disha Jham, Advocate Sh. Soham Dua, Advocate, Sh. Hardeep Singh, Advocate & Sh. A. S. Bajpai, Advocate Both Respondent By Shri Indruj S. Rai, Spl. Counsel, Sh. Sanjeev Menon, Jr. Sc, Sh. Rahul Singh, Jr. Sc, Sh. Gaurav Kumar, Adv. Ms. Rini Handa, Jcit (Intl. Tax) Date Of Hearing 12/09/2025 Date Of Pronouncement 31/10/2025 Common & Identical.

Section 143(3)Section 153Section 194LSection 9(1)(vii)

leases. Article-8(1) allocated taxing rights with respect to profits traffic. ‘International Traffic’ is defined in Article 3(1)(f) of the Tax Treaty. The definition of “international traffic,” allocated taxing rights between the resident state and the source state, with the source state having exclusive rights to tax

Vertical Aviation No. 1 Limited, Ireland vs. ACIT Int. Tax. Circle 3(1)(1) New Delhi, New Delhi

In the result, this issue is decided in favour of the appellant assessees and against the Revenue

ITA 1350/DEL/2025[2022-2023]Status: DisposedITAT Delhi31 Oct 2025AY 2022-2023

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraita No.1350/Del./2025, A.Y. 2022-23 Vertical Aviation No. 1 Ltd., Assistant Commissioner Of Dolmen House, 3Rd Floor, Income Tax, 4 Earlsfort Terrace, Vs. Circle Int. Tax. - 3(1)(1), Dublin 2, Ireland Do2E024 Civic Centre, Minto Road, Pan: Aafcv8726N New Delhi-110002 (Appellant) (Respondent) Ita No.1351/Del./2025, A.Y. 2022-23 The Milestone Aviation Assistant Commissioner Of Asset Holding Group No. 25 Income Tax, Ltd., Vs. Circle Int. Tax. - 3(1)(1), Dolmen House, 3Rd Floor, Civic Centre, Minto Road, 4 Earlsfort Terrace, New Delhi-10002 Dublin 2, Ireland D02E024 Pan: Aahct8009N (Appellant) (Respondent) Both Appellant By Sh. Sachit Jolly, Sr. Advocate Ms. Rashi Khanna, Advocate Ms. Viyushti Rawat, Advocate (Vc) Sh. Devansh Jain, Advocate Ms. Disha Jham, Advocate Sh. Soham Dua, Advocate, Sh. Hardeep Singh, Advocate & Sh. A. S. Bajpai, Advocate Both Respondent By Shri Indruj S. Rai, Spl. Counsel, Sh. Sanjeev Menon, Jr. Sc, Sh. Rahul Singh, Jr. Sc, Sh. Gaurav Kumar, Adv. Ms. Rini Handa, Jcit (Intl. Tax) Date Of Hearing 12/09/2025 Date Of Pronouncement 31/10/2025 Common & Identical.

Section 143(3)Section 153Section 194LSection 9(1)(vii)

leases. Article-8(1) allocated taxing rights with respect to profits traffic. ‘International Traffic’ is defined in Article 3(1)(f) of the Tax Treaty. The definition of “international traffic,” allocated taxing rights between the resident state and the source state, with the source state having exclusive rights to tax