2026 (3) TMI 891

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.... Kumar with Adv. Niyanta Trivedi and Adv. Diksha Pandey,. For the Respondents: Adv. Yash Varminai with Ms. Himeesha Dhiliwal, Mr. Utkarsh Mitali and Mr. Kshitij Saxena i/b. Trilegal,. P. C. 1. The above Writ Petition has been filed challenging the Order dated 10th August, 2016 passed by Respondent No. 1 (Authority for Advance Ruling) in AAR No. 1017 of 2010. 2. To put it very briefly, ....

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....k, Japan. This entire modus operandi was a colourable device solely meant to avoid tax to the Indian authorities, and therefore, under the principle of tax avoidance, the Petitioner is entitled to deny benefit of the beneficial provisions of the India-Mauritius DTAA, and Respondent No. 2 is liable to pay tax in India as per the provisions of the Income Tax Act, 1961. 4. In other words, it is th....

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....oup INC would be a necessary party to the above Writ Petition. When we put this to Mr. Subir Kumar, the learned Counsel appearing on behalf of the Department (the Petitioner), he submitted that they would join Daiwa Securities Group INC as Respondent No. 3 to the above Writ Petition. 7. We, accordingly, grant leave to the Department to carry out the necessary amendment and join Daiwa Securities....