Case Law Details
Case Name : ITO (IT) Vs. Rameshkumar Goenka (ITAT Mumbai)
Related Assessment Year :
Courts :
All ITAT ITAT Mumbai
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CASE LAWS DETAILS
DECIDED BY: ITAT, MUMBAI BENCH `L’,
IN THE CASE OF: ITO (IT) Vs. Rameshkumar Goenka, APPEAL NO: ITA No. 3562/Mum/2009, DECIDED ON April 16, 2010
RELEVANT PARAGRAPH
This is an appeal by the revenue against the order dated 31.3.2009 of learned CIT(A)-XXXIII, Mumbai relating to A.Y. 2006-07.
2. Grounds of appeal raised by the revenue reads as follows :-
1) On the facts and circumstances of the case and in law, learned CIT(A) erred in :
(i) holding that the assessee a resident of UAE, is entitled to the benefits of DTAA between India and UAE.
(ii) Holding ...
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Bombay High Court admitted the appeal against the order of Tribunal being Appeal No ITXA No 6890/10
With reference to the above post, I would like to know whether the position with regard to applicability of Indo UAE DTAA has been clarified by the amendment in 2007.
I would also like to know what will be the position with regard to the following case:
An Indian Govt servant is on deputation to UAE Govt and getting salary from UAE Govt. He was in India for 9 months in a FY and 3 months in UAE. For that FY he is resident in India for income tax purpose in India. Whether article 15 of Indo UAE DTAA will be applicable to him so that he will not be charged income tax on the 3 months UAE salary income. Here can he seek the benefit of DTAA as a resident of Indiia?