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2018 (5) TMI 49 - AT - Income TaxTaxability of Outside India revenues in India - consideration received by the assessee, a foreign company, against an “offshore supplies” made by it from outside India taxability in India - how much of the income can be attributed to the Permanent Establishment from such business of supplies? - income from offshore supplies as attributed to its alleged PE - Held that:- AO did not bring on record any evidence or material in support of the contention that the office at Mumbai had any role to play in respect of offshore supplies made and, as such, such income could be attributed to such supplies being the profit which has been carried through the business from such alleged PE, and on the other hand the assessee claims to have placed on record its annual accounts, in support of the contention that the office at Mumbai had absolutely no role to play in respect of offshore supplies made and as such no income could be attributed to such supplies being the profit which has been carried through the business from such alleged PE but not properly considered by the authorities below In view of the observations of in assessee’s own case for the assessment year 2007-08 and also the decision in Carborandum Co. vs. CIT [1977 (4) TMI 2 - SUPREME Court] and National Petroleum Construction Company [2016 (2) TMI 47 - DELHI HIGH COURT], we are of the considered opinion that no income from offshore supplies could be attributed to its alleged PE in Mumbai. - Decided in favour of assessee
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