https://www.taxtmi.com/caselaws?id=407272 A UAE-incorporated entity supported by credible evidence of office, employees, business operations and effective management in the UAE can qualify as a treaty resident for India-UAE DTAA purposes. Where the revenue authorities fail to rebut that the company was managed and controlled wholly from the UAE, and the record does not show sham incorporation or treaty-shopping intent, the limitation of benefits clause is not attracted. On those facts, treaty protection remains available and the shipping income is not taxable in India under the treaty. en-us Fri, 30 Apr 2021 00:00:00 +0530 Wed, 05 May 2021 08:37:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407272 A UAE-incorporated entity supported by credible evidence of office, employees, business operations and effective management in the UAE can qualify as a treaty resident for India-UAE DTAA purposes. Where the revenue authorities fail to rebut that the company was managed and controlled wholly from the UAE, and the record does not show sham incorporation or treaty-shopping intent, the limitation of benefits clause is not attracted. On those facts, treaty protection remains available and the shipping income is not taxable in India under the treaty. Case-Laws Income Tax Fri, 30 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407272