claim beneficial provision of Double Taxation Avoidance
Agreement (in short 'DTAA') between India and Singapore with respect
to taxability of it shipping income ... assessee claimed exemption of the freight income as
per Article 8 of DTAA between India and Singapore.
3. The then Assessing Officer after examining
reinsurers is
not taxable under the Income Tax Act, 1961 , or under DTAA.
Further, it is not taxable u/s.5 of the Income ... because as per DTAA between India and other countries
reinsurance premium is treated as business profit and thus,
same needs to be examined in light
4367/Del/2011
ITA Nos.794 & 795/Del/2012
of the DTAA entered into between India and Japan. He also asked the assessee ... terms of section
9(1)(viii) of the provisions of the relevant DTAA and taxed in accordance with the
provisions of section 44D read with
read with Article 12(2) and 12(4) of
DTAA between USA and India.
2. That all the above grounds and sub-grounds have ... section 9(1)(vi) of the Act and Article 12
of the DTAA between the USA and India and consequent disallowance
under section
chargeable to tax under Article 12(2) of the India-
Japan DTAA.
3.1. The Ld CIT(A) has erred in not appreciating the fact that ... provisions of Article 7 and Article
12(5) of the India- Japan DTAA.
4. Whether on the facts and in the circumstances of the case
assessee on this ground is that the
assessee is covered by the DTAA and the Ld.AR invited our attention to
the provisions of DTAA ... assessee on the issue of
disallowance in non-discriminating Clause provided in DTAA with Indo-UK
Treaty. For ready reference, we re-produce the Aerticle
erred in not
appreciating Article 25 of Indo-Cyprus DTAA and
disallowing the withholding tax credit taking into
consideration of only Article
taxable in India in view of Article 13 of the India- UK DTAA. Since
the assessee had filed relevant details/documents during the course ... India
because of the following reasons:
(a) Taxability under the India-UK DTAA
In terms of section 90(2) of the Act, provisions
would qualify as royalty under
clause 4 of Article 12 of the DTAA between India and the
Netherlands, being payments received for use of secret ... payment as
'royalty' and since the tax rate under the DTAA was 10%, therefore, he
taxed the royalty @10%.
7. The learned
also referred to
the provisions of Double Taxation Avoidance Agreement (in short DTAA) with USA. After considering the definition of royalties in Article ... fees for included services" under Article 12(4) of DTAA, he was of the view that recipient was taxable in respect of basic rent
