NDLI: Principal Commissioner of Income Tax-10 Vs. M/s Krishak Bharti Cooperative Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Income Tax
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Income Tax Act, 1961 (43 of 1961)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration: Whether the dividend income earned by the assessee is taxable, although exempted under Omani Tax Laws to entitle the assessee to the benefits of the Double Taxation Avoidance Agreement (DTAA) between India and Oman. Income Tax – DTAA and Omani Tax Laws – Benefit to the assessee under: Held: A clarification letter dated 11.12.2000 (interpreting the provisions contained in Article 8 and Article 8 (bis) of the Omani Tax Laws) addressed by the Secretary General for Taxation, Sultanate of Oman, Ministry of Finance was issued which stated the dividend distributed by all companies, including the tax-exempt companies would be exempt from payment of income tax in the hands of the recipients – By extending the facility of exemption, the Government of Oman intended to achieve its object of promoting development within Oman by attracting investments – Since the assessee has invested in the project by setting up a permanent establishment in Oman, as the JV is registered as a separate company under the Omani laws, it is aiding to promote economic development within Oman and achieve the object of Article 8 (bis) – A plain reading of Article 8 and Article 8 (bis) would manifest that under Article 8, dividend is taxable, whereas, Article 8(bis) exempts dividend received by a company from its ownership of shares, portions, or shareholding in the share capital in any other company – Thus, Article 8(bis) exempts dividend tax received by the assessee from its PE in Oman and by virtue of Article 25, the assessee is entitled to the same tax treatment in India as it received in Oman – Insofar as the argument concerning the assessee not having PE in Oman is concerned, it is apparent that the assessee’s establishment in Oman has been treated as PE from the very inception up to the year 2011 – There is no reason as to why all of a sudden, the assessee’s establishment in Oman would not be treated as PE when for about 10 years it was so treated, and tax exemption was granted basing upon the provisions contained in Article 25 read with Article 8 (bis) of the Omani Tax Laws – Thus, appellant has not been able to demonstrate as to why the provisions contained in Article 25 of DTAA and Article 8 (bis) of the Omani Tax Laws would not be applicable. [Paras 15, 16, 17, 18 and 20]
Judge	Hon'ble Mr. Justice Prashant Kumar Mishra
Neutral Citation	2023 INSC 834
Petitioner	Principal Commissioner Of Income Tax-10
Respondent	M/s Krishak Bharti Cooperative Ltd.
SCR	[2023] 12 S.C.R. 590
Judgement Date	2023-09-15
Case Number	836

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Principal Commissioner of Income Tax-10 Vs. M/s Krishak Bharti Cooperative Ltd.

Please Log-in to view this content

Principal Commissioner of Income Tax (central) – 2 Vs. M/s. Mahagun Realtors (p) Ltd.

Commissioner of Income-tax, Madras Vs. M/s. Ashok Leyland Ltd.

M/s Ramnarain Sons (pr.) Ltd. Vs. Commissioner of Income Tax, Bombay

Commissioner of Income Tax, Hyderabad Vs. M/s. Motor and General Stores (p.) Ltd.

Commissioner of Income Tax Vs. M/s Excel Industries Ltd.

Commissioner of Income Tax, Madras Vs. M/s. Amalgamation Pvt. Ltd.

Commissioner of Income Tax, Udaipur Vs. M/s. Chetak Enterprises Pvt. Ltd.

M/s Super Malls Private Limited Vs. Principal Commissioner of Income Tax 8, New Delhi

Commissioner of Income Tax, Delhi Vs. M/s Woodward Governor India P. Ltd.

Principal Commissioner of Income Tax-10 Vs. M/s Krishak Bharti Cooperative Ltd.

Principal Commissioner of Income Tax-10 Vs. M/s Krishak Bharti Cooperative Ltd.

Please Log-in to view this content

Similar Documents

Principal Commissioner of Income Tax (central) – 2 Vs. M/s. Mahagun Realtors (p) Ltd.

Commissioner of Income-tax, Madras Vs. M/s. Ashok Leyland Ltd.

M/s Ramnarain Sons (pr.) Ltd. Vs. Commissioner of Income Tax, Bombay

Commissioner of Income Tax, Hyderabad Vs. M/s. Motor and General Stores (p.) Ltd.

Commissioner of Income Tax Vs. M/s Excel Industries Ltd.

Commissioner of Income Tax, Madras Vs. M/s. Amalgamation Pvt. Ltd.

Commissioner of Income Tax, Udaipur Vs. M/s. Chetak Enterprises Pvt. Ltd.

M/s Super Malls Private Limited Vs. Principal Commissioner of Income Tax 8, New Delhi

Commissioner of Income Tax, Delhi Vs. M/s Woodward Governor India P. Ltd.

Principal Commissioner of Income Tax-10 Vs. M/s Krishak Bharti Cooperative Ltd.