Transfer pricing comparability: one support-services company accepted, government-owned and facility-management comparables excluded, forex loss claim...
The Appellate Tribunal considered whether income earned in India by the Appellant is taxable, focusing on the denial of DTAA benefits between India and UAE. The CIT(A) disbelieved the Appellant's claim under Article 24 of the DTAA, citing a mobile number discrepancy. The Tribunal held that the CIT(A)'s reliance on a mobile number to deny the Appellant's status as the Abu Dhabi Investment Authority was unfounded. Verification of PAN and address or consultation with the assessee should have been pursued. The Tribunal found the Appellant eligible for benefits under Article 24, exempting income from India. As the Abu Dhabi Investment Authority was specifically named in the DTAA, its income was deemed non-taxable in India. Consequently, the interest income was held as non-taxable, and the assessee's appeal was allowed.
The Appellate Tribunal considered whether income earned in India by the Appellant is taxable, focusing on the denial of DTAA benefits between India and UAE. The CIT(A) disbelieved the Appellant's claim under Article 24 of the DTAA, citing a mobile number discrepancy. The Tribunal held that the CIT(A)'s reliance on a mobile number to deny the Appellant's status as the Abu Dhabi Investment Authority was unfounded. Verification of PAN and address or consultation with the assessee should have been pursued. The Tribunal found the Appellant eligible for benefits under Article 24, exempting income from India. As the Abu Dhabi Investment Authority was specifically named in the DTAA, its income was deemed non-taxable in India. Consequently, the interest income was held as non-taxable, and the assessee's appeal was allowed.
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