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2018 (4) TMI 634 - AT - Income TaxIncome accrued in India - Business Income - Offshore Repair and Supply of Spare Parts - taxability in India - DTAA - Held that:- As assessee is held to have an agency PE in India, the business income received in relation to offshore supply of spare parts and offshore repair services outside India were taxable in India under both section 9 (1) (i) of the Act as well as Article 5 read with Article 7 of tax treaty. SEE GE Energy Parts Inc. vs ADIT [2017 (2) TMI 780 - ITAT DELHI ] Attribution of income - Held that:- We direct the attribution of income for the year under consideration in the case of assessee before us at 2.6% as has been held by this Tribunal in assessee’s own case in the group concern. Levy of interest under section 234B - Respectfully following the decision of this Tribunal in case of GE Energy Parts Inc. vs ADIT(supra), we allow this ground raised by the assessee.
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