2019 (7) TMI 1920 - HC - Income Tax

Income deemed to accrue or arise in India -Taxability of income earned by the Assessee in respect of a contract entered into by it with ONGC Limited, a public sector enterprise (hereafter ONGC ) - existence of an Assessee s PE in India in terms of Article 5 of the DTAA - whether income from the contract in question is not taxable under the Act by virtue of the Double Taxation Avoidance Agreement between India and United Arab Emirates (UAE)? - HELD THAT - In view of the decision of this Court in connected matters National Petroleum Construction Company v. Director of Income Tax 2016 (2) TMI 47 - DELHI HIGH COURT which pertains to the same Assessee for Assessment Years ( AYs ) 2007-08 and 2009-10, the present appeal pertaining to AY 2010-11 is dismissed.

Summary

The Delhi High Court allowed the appeal after condoning a delay of 96 days. The appeal related to Assessment Year 2010-11 was dismissed based on a previous decision involving the same Assessee for other assessment years.