SIEM OFFSHORE INC Vs. COMMISSIONER CONCERNED DIRECTOR OF INCOME TAX

JUDGEMENT

(1.) THE applicant is a company incorporated in the Cayman Islands. The applicant wanted to get listed in the Oslo Stock Exchange. As per the laws of Norway it acquired the requisite qualification by shifting the managerial control of the company to Norway. This was done in January, 2010. According to the applicant, from that date, it became a tax resident of Norway. It relies upon the tax residency certificate issued by Norway in support. The applicant, therefore, submits that subsequent to January 2010 it is governed by the Double Taxation Avoidance Agreement entered into by India and Norway and it is liable to be taxed only under that Treaty.

(2.) THE applicant is the owner and operator of model support vessels for the global oil and gas service industry. The applicant has currently a fleet of 25 vessels in operation and 18 vessels under construction. The vessels include large anchor handling tug supply vessels, platform supply vessels, and other support vessels. The applicant has an integrated operation with offices in Norway , Brazil and Cayman Islands. It provides a wide range of services from its vessels, equipments and experienced onshore and offshore personnel with high focus on Health, Safety, Environment and Quality.

(3.) THE consortium agreement dated 5.6.2009 provided the scope of the work of each one of the four. The applicant was required to provide "Sea Logistics Services". It was specified that the