November 2018

Section 9 of the Act and Article 5 of DTAA–Income – Deemed to accrue or arise in India (Permanent establishment) – Where there were all relevant documentary evidence available on record to render finding whether assessee, a Netherland based company, had a permanent establishment in India and the Tribunal having referred to same in its order could not have remanded back matter to Assessing Officer for consideration afresh? – The Tribunal having referred to all factual details and crystallised issues could not have remanded back matter to Assessing officer for consideration afresh

K. B. BHUJLE
Advocate

14. Co-operative Centrale Reiffeisen Boerenleenbank B. A. vs. Dy. DIT, (International Taxation);  [2018] 97 taxmann.com 24 (Bom);

Date of order: 29th August, 2018:

A. Ys. 2002-03, 2003-04 and 2005-06

 

Section 9 of the Act and Article 5 of DTAA–Income – Deemed to accrue or arise in India (Permanent establishment) – Where there were all relevant documentary evidence available on record to render finding whether assessee, a Netherland based company, had a permanent establishment in India and the Tribunal having referred to same in its order could not have remanded back matter to Assessing Officer for consideration afresh? – The Tribunal having referred to all factual details and crystallised issues could not have remanded back matter to Assessing officer for consideration afresh

 

The assessee was a tax resident of Netherlands and was entitled to claim the benefit of the DTAA between India and Netherlands. In fact the assessee was part and parcel of the Rabo bank group. An Indian company, the Rabo India Finance Private Limited (RIFPL) was registered as a non-banking financial company with the RBI. It provided wide range of financial services such as credit facilities, investment banking, strategic, financial and project advisory services. This company also belonged to the Rabo group. It was claimed that both, the assessee and the said Indian Company were independent entities but w

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