Transaction which would otherwise may have been exempt u/s. 10(38) cannot be said to be involving ‘treaty shopping’

HIGH COURT OF DELHI Director of Income-tax (International Taxation), Delhi Versus Goodyear Tire & Rubber Company W.P.(C) NO. 8295 of 2011 FEBRUARY  27, 2013 JUDGMENT Badar Durrez Ahmed, J. This writ petition has been filed by the department against the advance ruling order dated 02.05.2011 given by the Authority for Advance Rulings (A.A.R). The crux of the matter is that 74% shares of Goodyear India Limited were held by a USA company by the name of Goodyear Tire & Rubber Company. The said USA company has a 100% subsidiary in Singapore by the name of Goodyear Orient C...