Dismissing Revenue’s appeal, the High Court held that the protocol clause between India-Netherlands tax treaty provides for automatic application of subsequent treaty, to the India-Netherland treaty in hand and hence no separate notification was envisaged to be issued for enforcing such subsequent treaty with another OECD country (Finland) to facts of present case. On factual aspect (payment to be treated as FTS or not) matter remanded for re-consideration. (AY. 2015-16 , 2016-17)
Apollo Tyres Ltd. v. CIT (IT) (2018) 167 DTR 51 (Karn.)(HC)
S. 90 : Double taxation relief-Fees for technical services–Applicability of protocol–No separate notification required as protocol itself automatically applies of subsequent treaty with another OECD treaty (Finland)-DTAA-India–Netherland. [Art. 12]