https://www.taxtmi.com/caselaws?id=260784 Treaty eligibility under the India-UK DTAA depended on the ship-owning enterprise's residence and taxability, not on a charterer's contractual liability. On that basis, Article 9(1) applied and the shipping income remained taxable only in the UK, so denial of treaty benefit was unsustainable. The assessment under section 172(4) was also held time-barred because, even without an express limitation period, the power had to be exercised within a reasonable time; the later nine-month limit in section 172(4A) was treated as legislative recognition of that standard. Relief was therefore allowed on both issues. en-us Fri, 01 May 2015 00:00:00 +0530 Wed, 24 Jun 2015 09:55:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=260784 Treaty eligibility under the India-UK DTAA depended on the ship-owning enterprise's residence and taxability, not on a charterer's contractual liability. On that basis, Article 9(1) applied and the shipping income remained taxable only in the UK, so denial of treaty benefit was unsustainable. The assessment under section 172(4) was also held time-barred because, even without an express limitation period, the power had to be exercised within a reasonable time; the later nine-month limit in section 172(4A) was treated as legislative recognition of that standard. Relief was therefore allowed on both issues. Case-Laws Income Tax Fri, 01 May 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=260784