2022 (6) TMI 1313 - AT - Income Tax

Income accrued in India - Addition treating the entire income of the assessee from technical handling as taxable in India after allowing 5% of ad hoc allowance for expenses - HELD THAT - Upon careful consideration, we note that Hon ble Delhi High Court in the case of the assessee for assessment years 2004-05 to 2008-09 2017 (2) TMI 157 - DELHI HIGH COURT answered the question of law Whether profits of the assessee from providing technical services to other airlines is covered by Article 8(1) and 8(4) of the Double Taxation Avoidance Agreement between India and Germany and by Article 8(1) and 8(3) of Double Taxation Avoidance Agreement between India and Netherland against the Revenue and in favour of the assessee.

Summary

Issues:
- Challenge to the order of CIT (A) deleting the addition made by AO treating entire income of assessee from technical handling as taxable in India.
- Interpretation of Double Taxation Avoidance Agreement (DTAA) between India and Netherlands.
- Application of precedent set by previous judgments of ITAT and Delhi High Court.

Analysis:
1. The appeals by the Revenue challenged the CIT (A) order deleting the addition made by the AO regarding the taxation of the entire income of the assessee from technical handling in India.
2. The assessee, a Foreign Company from Netherlands, operated in India through a branch office approved by the Reserve Bank of India. The assessee claimed exemption from taxation in India under Section 90 of the Income-tax Act and Article 8 of the DTAA between India and Netherlands.
3. The AO assessed the income of the assessee as taxable in India, disregarding the submissions and supporting agreements provided by the assessee. The CIT (A) noted that the issue was previously decided in favor of the assessee by ITAT and Delhi High Court in earlier years.
4. The ITAT referred to the Delhi High Court's decision for assessment years 2004-05 to 2008-09, which elaborately dealt with whether the profits from providing technical services are covered under the DTAA between India and Germany and India and Netherlands.
5. The High Court ruled in favor of the assessee, finding no infirmity in the ITAT's orders. Subsequently, for assessment years 2009-10 to 2012-13, the High Court continued to decide the issue in favor of the assessee.
6. Following the precedent set by the High Court and ITAT judgments, the ITAT upheld the CIT (A) order for both assessment years 2015-16 and 2016-17, dismissing the appeals filed by the Revenue.
7. The ITAT pronounced the order on June 1, 2022, applying the decision mutatis mutandis to both assessment years.

This detailed analysis of the judgment highlights the key issues, the arguments presented, the application of legal provisions, and the reliance on precedent to arrive at the final decision.