Case Law Details
Bengal Tiger Line Pte. Ltd. Vs DCIT (ITAT Chennai)
Introduction: The legal battle between Bengal Tiger Line Pte. Ltd. and the Deputy Commissioner of Income Tax (DCIT) reached a significant milestone with the recent order from the Income Tax Appellate Tribunal (ITAT) in Chennai for the Assessment Year 2015-16. The dispute revolves around the applicability of Article 8 of the India-Singapore Double Taxation Avoidance Agreement (DTAA) concerning Vessel Handling Charges.
Detailed Analysis:
1. Background of the Case: The appeal stems from the final assessment order issued by the Assessing Officer (AO) under various sections of the Income Tax Act. The Ld. Dispute Resolution Panel-2, Bengaluru, directed this assessment, and the subsequent appeal challenges this order.
2. Legal Grounds and Objections: The crux of the legal argument presented by the assessee is the absence of income escapement, contending that both documents and Vessel Handling Charges were previously subjected to taxation by the Indian entity. The primary defense relies on the provisions of Article 8 of the India-Singapore DTAA.
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