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2017 (10) TMI 1254 - ITAT MUMBAIPE in India - attribution of income in India - India-Switzerland DTAA - Held that: - As decided in assessee's own case for A.Y. 2011-12 and 2012-13 held that the assessee does not have service PE in India and respectfully following the said order the DRP has held that the SRSIPL is not an agent of the assessee in India and it neither concludes any contracts on behalf of the assessee nor solicit any orders for the assessee. Further, the services provided by SRSIPL to the assessee are merely preparatory and auxiliary in nature. Further, the Hon’ble ITAT has also relied on Article 5(4) of the DTAA which specifically excludes the reinsurance business from constituting a PE in India. Accordingly, SRSIPL does not constitute a PE of the assessee in India under Article 5(5) of the DTAA and no question of attributing any profits to the PE arises. - Decided in favour of the assessee.
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