Income arising on account of offshore supply & Services not taxable under DTAA b/w India & Japan despite retrospective amendment

HIGH COURT OF BOMBAY Director of Income-tax (International Taxation), Mumbai Versus Ishikawjima Harima Heavy Inds. Co. Ltd. IT APPEAL NO. 239 OF 2011 OCTOBER 30, 2012  ORDER 1. The question of law raised by the Revenue in this appeal reads thus : “Whether, on the facts and circumstances of the case and in law, the Tribunal is correct in law in holding that the amount receivable by the assessee in respect of offshore supply of equipments and offshore services cannot be taxed within the purview of section 9(1) of the Income-tax Act, 1961 ?” 2. The assessment year in...