ITAT explains Law on taxation under DTAAs of transparent entities & Representative Assesseess

ING Bewaar Maatschappij I BV Vs DCIT (ITAT Mumbai)  The principle emerging out of this analysis of legal position is that when an assessee is a representative assessee of a tax transparent entity, it is the status of beneficiaries or constituents of tax transparent entities which is relevant for the purpose of determining treaty protection. Viewed thus, this is beyond doubt that the income in question has actually accrued to the taxable entities on the Netherlands, which, according to the approach adopted by the Assessing Officer, is sine qua non for tax treaty protection. It would thus appea...