As per treaty with USA Profits attributable to transaction of cargo, mail, etc. by aircrafts owned, chartered or leased by assessee cannot be taxed in India

CASE LAWS DETAILS DECIDED BY: ITAT, MUMBAI BENCH `L’, MUMBAI IN THE CASE OF: ADIT (International Taxation) Vs. Federal Express Corporation, USA, Appeal No: ITA Nos. 4452, 4453 & 9482/2004, DECIDED ON: January 29, 2009 RELEVANT PARAGRAPH 27. Rival submissions of the parties have been considered carefully in the light of the material placed before us and the case laws referred to. The first question for our consideration is whether the benefit of Article 8 of the Indo U.S. Treaty can be denied to the assessee merely on the ground that the nature of activity carried on by the assessee, ...