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ITAT held that hire charges for bareboat dredgers do not constitute "Royalty" under Article 12 of India-Netherlands DTAA, as the term specifically excludes payments for use of industrial, commercial, or scientific equipment. The Tribunal relied on precedents from Van Oord ACZ Equipment BV, Nederlandsche Overzee Baggermaatsehappiji BV, and International Seaport Dreding Ltd. cases. Furthermore, ITAT determined the appellant had no business connection or permanent establishment in India, rendering attribution of profits inapplicable. The Tribunal also rejected evidence from survey statements recorded under s.133A, noting they cannot be treated as conclusive without cross-examination. The appellant's appeal was allowed.
ITAT held that hire charges for bareboat dredgers do not constitute "Royalty" under Article 12 of India-Netherlands DTAA, as the term specifically excludes payments for use of industrial, commercial, or scientific equipment. The Tribunal relied on precedents from Van Oord ACZ Equipment BV, Nederlandsche Overzee Baggermaatsehappiji BV, and International Seaport Dreding Ltd. cases. Furthermore, ITAT determined the appellant had no business connection or permanent establishment in India, rendering attribution of profits inapplicable. The Tribunal also rejected evidence from survey statements recorded under s.133A, noting they cannot be treated as conclusive without cross-examination. The appellant's appeal was allowed.
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