https://www.taxtmi.com/caselaws?id=20523 Under the India-Greece tax treaty, the relevant test is whether the shipping business is wholly managed and controlled in Greece. The management agreement placed shipping operations, staff control, vessel operation, collection and disbursement of funds, appointment of agents and negotiation of contracts with the Greek manager, and voyage accounting and commission arrangements did not negate that transfer of effective control. The treaty test was distinct from section 6(3) of the Income-tax Act, which the Tribunal had applied by focusing on directors' meetings and accounting obligations. On this analysis, the business was treated as resident in Greece and entitled to the treaty reduction of Indian tax. en-us Tue, 20 Nov 1990 00:00:00 +0530 Thu, 05 Aug 2021 15:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=20523 Under the India-Greece tax treaty, the relevant test is whether the shipping business is wholly managed and controlled in Greece. The management agreement placed shipping operations, staff control, vessel operation, collection and disbursement of funds, appointment of agents and negotiation of contracts with the Greek manager, and voyage accounting and commission arrangements did not negate that transfer of effective control. The treaty test was distinct from section 6(3) of the Income-tax Act, which the Tribunal had applied by focusing on directors' meetings and accounting obligations. On this analysis, the business was treated as resident in Greece and entitled to the treaty reduction of Indian tax. Case-Laws Income Tax Tue, 20 Nov 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=20523