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2017 (5) TMI 911 - AT - Income TaxReopening the assessment u/s.147 - apportioning the expenses @75.705% instead of 67.58% - whether no income was attributable to assessee in India and there is also no PE? - Held that:- As relying on assessee's own case giving effect to the ITAT order [2016 (8) TMI 504 - ITAT MUMBAI] no income is attributable to the assessee in India, losses would not been available for set off and therefore, total income was computed as Nil. As the AO himself has accepted that no income is attributable to assessee in India, the appeal filed by Revenue has no legs to stand. We further found that finding recorded by CIT(A) for setting off the reopening as well as for deleting the addition made by the AO was not controverted by learned DR by bringing any positive material on record. Accordingly, we do not find any reason to interfere in the order of CIT(A). - Decided against revenue
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