https://www.taxtmi.com/caselaws?id=359310 Article 8 of the Indo-Mauritius DTAA was treated as unavailable because the shipping enterprise's place of effective management was found to be outside both Contracting States, so treaty protection for shipping profits did not apply. Under Article 5, the Indian agent was held to be an independent agent acting for multiple principals in the ordinary course of business, so neither an agency permanent establishment nor a fixed place permanent establishment arose in India. As the business profits were not taxable in India and the taxability issue was debatable, the connected penalty under section 271(1)(c) could not survive. en-us Wed, 07 Mar 2018 00:00:00 +0530 Fri, 27 Apr 2018 08:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=359310 Article 8 of the Indo-Mauritius DTAA was treated as unavailable because the shipping enterprise's place of effective management was found to be outside both Contracting States, so treaty protection for shipping profits did not apply. Under Article 5, the Indian agent was held to be an independent agent acting for multiple principals in the ordinary course of business, so neither an agency permanent establishment nor a fixed place permanent establishment arose in India. As the business profits were not taxable in India and the taxability issue was debatable, the connected penalty under section 271(1)(c) could not survive. Case-Laws Income Tax Wed, 07 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=359310