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2012 (11) TMI 765 - HC - Income TaxTaxability of Income of foreign company - PE - assessee contended that it’s income is not taxable in India, inasmuch as, it is a foreign company and has no permanent establishment in India. It was contended by the assessee that it had an assembly project in India, which was carrying out, in addition to assembly, installation of certain items, and that project and other activities were carried out in India for a period less than 9 months. Held that:- ITAT had remanded the matter back for ascertaning the facts - in the event, it is held that the assessee had a permanent establishment during the relevant assessment year in India, it goes without saying that the Assessing Authority would be entitled to take such recourse to law as is permissible against such an assessee under the Income Tax Act.
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