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ITAT held that Articles 6 and 7 of the MLI cannot be invoked against the assessee for the relevant year due to absence of a Section 90(1) notification incorporating those provisions into the India-Ireland DTAA, and accordingly the Revenue's attempt to deny treaty benefits under the PPT fails. The assessee's valid TRC was treated as prima facie proof of residency not rebutted by cogent material. The Tribunal set aside findings characterising the leases as finance leases, holding they are dry operating leases, and concluded the assessee lacks a permanent establishment in India; Article 8 relief thus applies and the assessments rejecting treaty benefits were directed to be set aside.
ITAT held that Articles 6 and 7 of the MLI cannot be invoked against the assessee for the relevant year due to absence of a Section 90(1) notification incorporating those provisions into the India-Ireland DTAA, and accordingly the Revenue's attempt to deny treaty benefits under the PPT fails. The assessee's valid TRC was treated as prima facie proof of residency not rebutted by cogent material. The Tribunal set aside findings characterising the leases as finance leases, holding they are dry operating leases, and concluded the assessee lacks a permanent establishment in India; Article 8 relief thus applies and the assessments rejecting treaty benefits were directed to be set aside.
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