https://www.taxtmi.com/caselaws?id=183409 Shipping profits of a Cyprus enterprise were treated as taxable only in Cyprus under Article 8 of the India-Cyprus DTAA, because the enterprise was registered in Cyprus, held a tax residency certificate, and the transaction documents supported its role as ship charterer. The treaty text was applied as the governing rule, and treaty relief was not denied by importing OECD commentary on effective management. On that basis, the income could not be assessed in India in the hands of the Indian agent under section 172(4), and the treaty benefit was allowed. en-us Tue, 27 May 2014 00:00:00 +0530 Wed, 08 Jun 2016 17:29:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183409 Shipping profits of a Cyprus enterprise were treated as taxable only in Cyprus under Article 8 of the India-Cyprus DTAA, because the enterprise was registered in Cyprus, held a tax residency certificate, and the transaction documents supported its role as ship charterer. The treaty text was applied as the governing rule, and treaty relief was not denied by importing OECD commentary on effective management. On that basis, the income could not be assessed in India in the hands of the Indian agent under section 172(4), and the treaty benefit was allowed. Case-Laws Income Tax Tue, 27 May 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183409