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BOMBAY HIGH COURT - ORIGINAL SIDE,BOMBAY
EQUITY TRUST (JERSEY) LIMITED – Appellant
Versus
AUTHORITY FOR ADVANCE RULING (INCOME TAX) MUMBAI BRANCH AND 4 ORS – Respondent
WP 709/2021
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wp-770-21&709-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 770 OF 2021
Abu Dhabi Investment Authority,
)
a public institution owned by and
)
subject to the supervision of the
)
Emirate of Abu Dhabi
)
Having its office at
)
211, Corniche, PO Box 3600,
)
Abu Dhabi, United Arab Emirates
)
PAN No. AAACA4380N
)
….Petitioner
V/s.
1. Authority for Advance Ruling
)
(Income Tax), Mumbai Bench,
)
Having its office at 5th Floor,
)
Hoechst House, 193, V.K. Shah Marg,)
Nariman Point, Mumbai – 400 021. )
2. Dy. CIT (International Taxation) )
1 (1) (1),Having his office at
)
517, 5th Floor, Air India Building,
)
Nariman Point, Mumbai – 400 020. )
3. Additional CIT – (International )
Taxation) – Range – 1 (1)
)
having his office at
)
Room No.102, Scindia House,
)
Ballard Pier, Mumbai – 400 038.
)
4. CIT (International Taxation) – 1 )
Mumbai Having his office at
)
Room No.9, Third Floor, B – Wing, )
Mittal Court, Nariman Point,
)
Mumbai – 400 021.
)
5. Union of India, Ministry of Law, )
Aayakar Bhavan, M.K. Road,
)
Mumbai – 400 020.
)
…Respondents
ALONGWITH
WRIT PETITION NO. 709 OF 2021
Meera Jadhav
MEERA
MAHESH
JADHAV
Digitally
signed by
MEERA
MAHESH
JADHAV
Date:
2021.10.28
16:44:18
+0530
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Equity Trust (Jersey) Limited
)
representative assessee of
)
Green Maiden A 2013 Trust (GMT) )
Level 1, IFC 1, Esplanade
)
St. Helier Jersey Sip Code – JE23BX )
PAN No. AABTG9795M
)
….Petitioner
V/s.
1. Authority for Advance Ruling
)
(Income Tax), Mumbai Bench,
)
5th Floor, Hoechst House,
)
193, V.K. Shah Marg, Nariman Point,)
Mumbai – 400 021.
)
2. Asst. CIT (International Taxation))
Circle 2 (3) (2)
)
Room No.1711, 17th Floor,
)
Air India Building, Nariman Point, )
Mumbai – 400 021.
)
3. Additional CIT – (International )
Taxation) – Range – 1 (1)
)
having his office at Room No.102,
)
Scindia House, Ballard Pier,
)
Mumbai – 400 038.
)
4. CIT (International Taxation) – 1 )
Mumbai
)
Having his office at Room No.9,
)
Third Floor, B – Wing,
)
Mittal Court, Nariman Point,
)
Mumbai – 400 021.
)
5. Union of India, Ministry of Law
)
Aayakar Bhavan, M.K. Road,
)
Mumbai – 400 020.
)
…Respondents
----
Shri Percy Pardiwalla, Senior Advocate a/w Ms. Aarti Sahte and Ms.
Aasavari Kadam for Petitioner in both Writ Petitions.
Shri Ashok Kotangle a/w Shri P. A.Narayanan for Respondent Nos.2, 3 and 4
in Writ Petition No.709 of 2021 and for Respondent Nos.2, 3, 4 & 6 in Writ
Petition No.770 of 2021
----
Meera Jadhav
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CORAM : K.R. SHRIRAM &
ABHAY AHUJA, JJ.
RESERVED ON:7th September, 2021
PRONOUNCED ON: 28th October, 2021
JUDGMENT (PER K. R. SHRIRAM J.) :
1
Rule. Rule made returnable forthwith and heard and disposed at the
admission stage itself with the consent of the counsel.
2
In both the petitions, a common ruling dated 18th March 2020 passed
by the Authority for Advance Ruling (Income Tax) (hereinafter referred to
as AAR) is impugned. Hence both the petitions are taken up together. Shri
Kotangle did not wish to file any reply since according to him only questions
of law were involved. We shall take Writ Petition No.770 of 2021 filed by
Abu Dhabi Investment Authority (hereinafter referred to as ADIA) as lead
petition.
3
ADIA is a public institution owned by and subject to the supervision of
the Emirate of Abu Dhabi. Article 4 (2) (d) of the India-United Arab
Emirates (“UAE”) Double Taxation Avoidance Agreement (hereinafter
referred to as the “India-UAE DTAA”) expressly provides that ADIA is a
resident of UAE for the purposes of Article 4 thereof and, accordingly, ADIA
is entitled to invoke the beneficial provisions of the India-UAE DTAA for the
purpose of determining its tax liability in India. ADIA files its return of
income (hereinafter referred to as “ROI”) in India, disclosing therein income
that falls within the scope of Section 5 (2) of the Income Tax Act, 1961
Meera Jadhav
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