Delhi Tribunal seeks to examine board meetings, etc. to decide place of management

Court: Delhi bench of the Income Tax Appellate Tribunal

Citation: M/s SMR Investments Limited Vs. DDIT (2010-TII-66-ITAT-DEL-INTL),

Brief : Recently, the Delhi bench of the Income Tax Appellate Tribunal dealt with the issue of tax ability on sale of shares under India-Mauritius tax treaty (tax treaty). The Tribunal asked for either third party evidence or evidence by any government agency either situated in Mauritius or in India to be brought on record to substantiate taxpayer’s claim regarding holding board meetings in Mauritius. The Tribunal held that the documents placed on record needed examination regarding their authenticity and relevance, accordingly restored the case back to the Assessing Officer (AO) to decide the same afresh.

Facts of the Case

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