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2009 (2) TMI 497 - HC - Income TaxIncome chargeable to tax in India under section 5(2) of the Act and whether the assessee has any business connection in India as per section 9(1)(i) of the Act - Tribunal opined that the respondent's income was chargeable to tax in India under section 5(2) of the Income-tax Act as it had business connections in India as per section 9(1)(i) of the said Act. Tribunal was of the opinion that 15 per cent. of the revenue accruing to the respondent in respect of bookings made in India should be treated as income accruing or assessed in India and chargeable under section 5(2) read with section 9(1)(i) of the Act – Held that:- no guidelines are available as to how much should be the income reasonably attributable to the operations carried out in India, the same has to be determined on the factual situation prevailing in each case, In the absence of some statutory or other fixed formula, any finding on the question or proportion involves some element of guess work, no question of law arises in these matters which needs any further determination by this court. These appeals are accordingly dismissed in limine
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