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2016 (7) TMI 698 - AT - Income TaxPE in India - Indo-US Treaty - addition made being a profit margin of 5% of the sale made by the assessee in India - Held that:- As decided in assessee's own case for the assessment years 2004-05, 2005-06 & 2008- 09 the assessee did not have PE in India in the year’s under consideration in terms of Article 5(1),5(2),5(4) and 5(5) of the India-US treaty and the additions made by the AO to the income of the assessee being a profit margin of 5% on the sales made by the assessee were ordered to be deleted by the Tribunal. Respectfully following the afore-stated orders of co-ordinate benches of the Tribunal in the assessee’s own case , we hold that the assessee did not have not have PE in India in the year under consideration in terms of Article 5(1), 5(2), 5(4) & 5(5) of the Indo-US Treaty and the addition made by the A.O. being a profit margin of 5% of the sale made by the assessee in India is not sustainable - Decided in favour of assessee Interest u/s 234B is not leviable in the case of non-resident - Decided in favour of assessee
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