The Supreme Court, while dismissing the appeals filed
by the Revenue, held that dividend income earned by the assessee, an Indian
resident, from its joint venture in Oman, though exempt from taxation under
Article 8(bis) of the Omani Tax Laws, is eligible for foreign tax credit in
India by virtue of Article 25(4) of the India–Oman Double Taxation Avoidance
Agreement. The Court observed that the exemption granted under the Omani law
constitutes a tax incentive specifically designed to promote economic
development by encouraging foreign investment, and therefore, the tax which
would have been payable but for such exemption is deemed to have been paid for
the purposes of granting relief under the DTAA. It was further held that the
assessee had a permanent establishment in Oman and that the dividend income was
effectively connected with such permanent establishment, thereby satisfying the
conditions prescribed under the treaty framework. The Court also upheld the
validity and evidentiary value of the clarification issued by the Omani
Ministry of Finance, treating it as a legitimate interpretative aid explaining
the intent and scope of the exemption provisions, rather than as a non-statutory
or extraneous document. In light of these findings, the Supreme Court concluded
that the Assessing Officer had rightly allowed the foreign tax credit, that the
invocation of revisionary jurisdiction under Section 263 of the Income Tax Act
was unwarranted and without jurisdiction, and that the orders of the Income Tax
Appellate Tribunal and the High Court required no interference.
SOURCE LINK
https://api.sci.gov.in/supremecourt/2017/41708/41708_2017_17_1501_46972_Judgement_15-Sep-2023.pdf
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