If effective management of company situated in Netherlands it can claim benefit under India – Netherlands treaty

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HIGH COURT OF GUJARAT

Director of Income-tax (International Taxation)

v.

Mitsutor Shipping Agency (P.) Ltd.

TAX APPEAL NO. 12 OF 2012

JULY 4, 2012

 

From the material documents allowed to be produced, the assessee could satisfy the Commissioner (Appeals) that the place of effective management of its enterprises was situated at Netherlands and thus, the requirement of condition in Article 8A of DTA agreement was met with. The Tribunal has rightly confirmed the decision of the Appellate Commissioner holding the assessee to be eligible for benefits of DTAA.