https://www.taxtmi.com/caselaws?id=267100 A UAE-incorporated company may qualify as a resident under the India-UAE DTAA where incorporation is accompanied by management and control wholly in the UAE; the nationality of directors and shareholders is irrelevant if board and shareholder functions are carried on in the UAE. A tax residency certificate cannot be disregarded merely because it contains a standard disclaimer, and a limited commercial licence term does not by itself negate business activity in the relevant year. Article 29, the limitation of benefits clause, applies only where the entity was created mainly or partly to obtain unavailable treaty benefits or lacks bona fide business activities; absent such proof, treaty protection for shipping income in international traffic remains available. en-us Fri, 23 Oct 2015 00:00:00 +0530 Fri, 30 Oct 2015 06:31:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267100 A UAE-incorporated company may qualify as a resident under the India-UAE DTAA where incorporation is accompanied by management and control wholly in the UAE; the nationality of directors and shareholders is irrelevant if board and shareholder functions are carried on in the UAE. A tax residency certificate cannot be disregarded merely because it contains a standard disclaimer, and a limited commercial licence term does not by itself negate business activity in the relevant year. Article 29, the limitation of benefits clause, applies only where the entity was created mainly or partly to obtain unavailable treaty benefits or lacks bona fide business activities; absent such proof, treaty protection for shipping income in international traffic remains available. Case-Laws Income Tax Fri, 23 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267100