India and Iran entered into Avoidance of Double Taxation and the Prevention of Fiscal Evasion 

The Government of the Republic of India and the Government of the Islamic Republic of Iran entered into Agreement for Avoidance of Double Taxation and the Prevention of Fiscal Evasion 

The existing taxes to which the Agreement shall apply are in particular:

(a) in the case of the Islamic Republic of Iran: the income tax;

(b) in the case of India: the income tax, including any surcharge thereon.

The Articles of the agreement deals with various definitions/ taxations on:

Resident
Permanent Establishment
Income From Immovable Property
Business Profits
International traffic
Associated enterprises
Dividends
Interest
Royalties
Fees for Technical Services
Capital Gains
Independent Personal Services
Dependent Personal Services
Directors’ Fees
Artistes and Sportspersons
Pensions
Government Service
Professors, Teachers and Research Scholars
Students
Other Income
Elimination of Double taxation

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• Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC
• Penalty u/s 270A deleted as assessee filed revised computation during scrutiny
• Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT
• Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT
• Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT