2019 (7) TMI 2082

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....For the Respondent: Mr. P. Pardiwalla, Senior Advocate with Mr.Nitesh Joshi i/b. Mr. Sameer Dalal. P.C.: 1. This appeal is filed by the Revenue to challenge the judgment of the Income Tax Appellate Tribunal ("Tribunal" for short). The issue pertains to the interpretation of Double Taxation Avoidance Agreement between India and Singapore. The Tribunal in the impugned judgment has relied on it....

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.... carried out through its alleged permanent establishment in India. It is in these circumstances that we are of the view that the finding of fact that in the present case there is no economic link between the payments assuming that they are in the nature of royalties made out of India cannot be termed as perverse. Then, the Revenue stand cannot be upheld. Even with regard to the alleged permanent e....

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.... circumstances of the case of the assessee before the Tribunal and before us. There has been no general rule laid down nor can the Tribunal's order be seen as having any impact or repercussion on cases pending before the authorities or before the Tribunal. We have no doubt in our mind that the conclusion reached is possible, given the nature of the agreement between the payer and the Singapore....