Dividend Income From Indian Entity’s Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court

Case: Principal Commissioner Of Income Tax-10 v M/S Krishak Bharti Cooperative Ltd.

Coram: Justice B.V. Nagarathna and Justice Prashant Kumar Mishra

Case No.: CIVIL APPEAL NO. 836 OF 2018

Court Observation: It is, thus, apparent that the assessee’s establishment in Oman has been treated as PE from the very inception up to the year 2011. There is no reason as to why all of a sudden, the assessee’s establishment in Oman would not be treated as PE when for about 10 years it was so treated, and tax exemption was granted basing upon the provisions contained in Article 25 read with Article 8 (bis) of the Omani Tax Laws.

It is, thus, apparent that the assessee’s establishment in Oman has been treated as PE from the very inception up to the year 2011. There is no reason as to why all of a sudden, the assessee’s establishment in Oman would not be treated as PE when for about 10 years it was so treated, and tax exemption was granted basing upon the provisions contained in Article 25 read with Article 8 (bis) of the Omani Tax Laws.

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Keywords

Dividend Income From Indian Entity’s