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Issues involved:
The judgment involves determining the taxability of revenues earned by a Singapore resident company from contracts entered into with an Indian entity, based on the provisions of the Double Taxation Avoidance Agreement (DTA) between India and Singapore. Summary: The applicant, a company incorporated in Singapore, entered into contracts with an Indian entity for burial of pipelines offshore India. The applicant contended that as per the DTA between India and Singapore, it did not have a Permanent Establishment (PE) in India and thus should not be subjected to Indian income tax on the profits earned. The Authority considered the relevant articles of the DTA to determine the taxability issue. The Authority accepted that the specific provisions of the DTA should prevail over the general provisions of the Income-tax Act. It was crucial to establish whether the applicant had a PE in India as per the DTA. The applicant's activities were primarily related to burial of pipelines, and it was argued that this constituted installation work as per the DTA. However, the department contended that the applicant's activities fell under a different clause of the DTA. The Authority concluded that the applicant's activities did not amount to a PE in India as per the DTA. Since the applicant did not have a PE in India, and the DTA allowed taxation of profits only attributable to a PE in India, the Authority ruled that the revenues earned by the applicant from the contracts with the Indian entity would not be liable to tax in India. The judgment was based on the specific provisions of the DTA and the absence of a PE in India for the applicant.
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