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 1287 - ITAT DELHIIncome deemed to accrue or arise in India - PE in India - Attributing profits to assessee’s PE in India - treatment of Bombardier Transportation India Ltd. (BTIN) as the “Fixed Place Permanent Establishment” (“Fixed Place PE”) of the assessee in India - HELD THAT:- As decided in own case [2020 (10) TMI 1205 - ITAT DELHI] appellant does not have any place of business in India and all business activities with respect to offshore supplies are carried outside India. The equipment supply has been manufactured at overseas manufacturing facility of the appellant and sale of equipment has occurred outside India and payment has also been received by the appellant and outside India. Entire findings of the DRP are based on erroneous appreciation of wrong facts and on such erroneous appreciation of wrong facts, the DRP held that BTIN is the PE of the appellant in India without appreciating the true facts that the appellant has no place of disposal in India in the office of BTIN from where the appellant could have conducted its business in India. Appeal filed by the assessee is allowed.
|