Indian Court Upholds Tribunal Ruling that a Tax Sparing Credit May be Claimed for Dividend Income Exempt in Oman

In a recent decision, the Delhi High Court ruled on whether a decision of the Income Tax Appellate Tribunal was correct in finding that an India recipient of dividends exempt from tax in Oman may claim a sparing credit as provided in the 1997 India-Oman tax treaty. The case involved India-based Krishak Bharati Cooperative Limited, which received Oman-source dividends through its Oman PE as a result of its 25% stake in Oman India Fertilizer Company S.A.O.C., a joint venture with Oman Oil Compa…