Retrospective amendments make no difference to non-taxability of payments made to foreign companies if income accrues abroad

Brief- Delhi High Court has held in the case of DIT vs. M/s Lufthansa Cargo India that Retrospective amendments seeking to tax income of non-residents does not affect the “source rule”. The amendment makes no any difference to the non-taxability of payments made to foreign companies if the income accrues abroad – Section 9. Brief Facts of the case and Question of Law: The assessee in the year 1997 was engaged in the business of wet-leasing. It had acquired four old Boeing aircrafts (727-200 Model) from a non-resident company outside India. The Assessee after acquiring the license fro...