https://www.taxtmi.com/caselaws?id=777179 A fixed place permanent establishment under Article 5(1) of the India-Ireland DTAA requires a place of business at the foreign enterprise's disposal through which it carries on business; mere ownership of leased aircraft, with operational control resting with the lessee and only protective inspection or repossession rights retained by the lessor, is insufficient. Article 8(1) protects profits from the rental of aircraft in international traffic, and the treaty text does not require the lessor itself to be the operator; on that reasoning, the lease rentals were treated as treaty-protected. The alternative characterisation of the receipts as interest income was also found unsustainable, and consequential interest did not survive. en-us Wed, 13 Aug 2025 00:00:00 +0530 Tue, 26 Aug 2025 08:41:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=777179 A fixed place permanent establishment under Article 5(1) of the India-Ireland DTAA requires a place of business at the foreign enterprise's disposal through which it carries on business; mere ownership of leased aircraft, with operational control resting with the lessee and only protective inspection or repossession rights retained by the lessor, is insufficient. Article 8(1) protects profits from the rental of aircraft in international traffic, and the treaty text does not require the lessor itself to be the operator; on that reasoning, the lease rentals were treated as treaty-protected. The alternative characterisation of the receipts as interest income was also found unsustainable, and consequential interest did not survive. Case-Laws Income Tax Wed, 13 Aug 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=777179