Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 703 - AT - Income TaxIncome accrued or deemed received in India - Permanent Establishment in India - profits attributable to operation in India - income earned by the assessee from the business of money-transfer services in respect of remittances made to individuals in India is not liable to tax in India - India - USA DTAA - HELD THAT:- As decided in own case [2021 (9) TMI 1169 - ITAT DELHI] agents engaged by the assessee were independent agents under Article-5(4) of the India US-DTAA and they did not have the necessary authority to conclude the contracts of the assessee and, on that premise, it was held that there is no agency PE of the assessee in India. Under similar circumstances, the Co-ordinate Bench of the Tribunal held that though the assessee had business connection, it did not have any fixed placed PE nor agency placed PE in India, and, in the absence of any such PE in India, the profits, if any, attributable to India operations could not be assessed as business profits under Article-7 of the India US DTAA. - Decided against revenue.
|