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2021 (10) TMI 1102 - ITAT DELHIIncome accrued in India - Fixed place PE - business connection in India - Attribution of profits - Whether the appellant has a permanent establishment (PE) under Article 5(2) & 5(4)/5(5) of the India-Mauritius DTAA? - AO Proceeded by attribution of profit to PE and attributed 30% of the gross advertising revenue and made attribution - HELD THAT:- Considering the past history of the assessee in light of the decision of this Tribunal [2020 (10) TMI 1019 - ITAT DELHI] read with the decision of the Hon'ble Supreme Court in the case of E-funds IT Solutions Inc. [2017 (10) TMI 1011 - SUPREME COURT]. we hold that the assessee has no business connection in India in terms of section 9(1) of the Act and has no PE under Article 5(2), 5(4) and 5(5) of India Mauritius DTAA. Since we have held that there is no PE, we are of the considered view that there cannot be any attribution of profit as held by this Tribunal in assessee's own case in A.Ys. 2009-10 and 2011-12. TPO has accepted the international transactions at Arm's length and no adverse inference was drawn. We have also gone through the TP assessment order and find no adjustment.
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