https://www.taxtmi.com/caselaws?id=758393 A valid Tax Residency Certificate was treated as statutory evidence of residence for claiming India-Singapore DTAA benefits, though not conclusive on its own. Once the assessee produced the certificate and prima facie material showing real business activity, management, operations, employee strength, expenditure, and a consistent filing pattern, the burden shifted to the Revenue to rebut residence or prove that the entity was a mere conduit or shell used for treaty shopping. Because the Assessing Officer and DRP did not independently investigate or effectively rebut that material, denial of treaty benefits was held unsustainable. The Tribunal also noted that departure from an earlier accepted position requires cogent reasons where similar benefits had been allowed in prior years. en-us Thu, 05 Sep 2024 00:00:00 +0530 Thu, 12 Sep 2024 10:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758393 A valid Tax Residency Certificate was treated as statutory evidence of residence for claiming India-Singapore DTAA benefits, though not conclusive on its own. Once the assessee produced the certificate and prima facie material showing real business activity, management, operations, employee strength, expenditure, and a consistent filing pattern, the burden shifted to the Revenue to rebut residence or prove that the entity was a mere conduit or shell used for treaty shopping. Because the Assessing Officer and DRP did not independently investigate or effectively rebut that material, denial of treaty benefits was held unsustainable. The Tribunal also noted that departure from an earlier accepted position requires cogent reasons where similar benefits had been allowed in prior years. Case-Laws Income Tax Thu, 05 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758393