9911796707
TMI Blog2015 (12) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... allation Project” ? - Held that:- Since the project executed by the applicant in India for Brahmaputra continued only for 178 days in a fiscal year and as the duration of the project is less than 183 days in a fiscal year, Permanent Establishment of the applicant cannot be constituted in India for the FY 2012-13 as per the provisions of Article 5.3 of the India-Singapore DTAA. Hence, the business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Woon Project Contracting (Pte) Limited, 15 Pandan Street, Singapore. 2. The Applicant is engaged in the business of heavy lifting and erection and installation of heavy equipments such as boilers, coke drums, fractionators, generators, chimneys, etc., for large projects at the project sites. It is carrying out its activities in many countries in Asia. 3. The Applicant imported two cranes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961? 5. In the application, it is stated, the applicant completed their installation project, which is covered by Article 5.3 of the India-Singapore Treaty. In fact, the applicant relies on the earlier Ruling by this Authority in AAR No.975 of 2010 and particularly in para 6 therein. Accordingly, the applicant claims that the income amounts to business profits, in terms of Article 7 of the Dou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the India-Singapore DTAA. 6.2.5 Hence, it is submitted that the business profits accruing or arising to the applicant by way of the execution of the project under reference is taxable only in the country where the applicant is a resident, as per Article 7.1 of India-Singapore DTAA. 7. In view of this positive response by the department, it is held that the income earned shall not be tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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