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2017 (5) TMI 1104 - AT - Income TaxP.E. in India - business profit accrued in India - India USA DTAA - whether the activities of Branch in India are only preparatory and auxiliary services rendered to Head Office in the US and consequently there is no PE? - Held that:- As in assessment years 2003-04, 2004-05 and 2006-07 [2014 (11) TMI 102 - ITAT DELHI ] it has throughout been held that the assessee is having a PE in India. Thus the assessee has a PE in India as per the provisions of Article 5(2)(b) and (c) of Indo-US DTAA. Therefore, ground Nos.1 to 6 are dismissed. Profits attributable to the branch in India - Held that:- In assessment year 2006-07, the Tribunal has directed the Assessing Officer to recompute the income of the assessee in the light of the decision of ITAT in the assessee’s own case for assessment year 2003-04 and 2004-05. We accordingly, set aside the impugned order and restore the matter to the file of the Assessing Officer with a direction to recompute the income of the assessee in the light of the decisions of the ITAT in the assessee’s own case for assessment years 2003-04, 2004-05 and 2006-07.
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