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2019 (3) TMI 221 - AT - Income TaxIncome accrued in India - consideration received from M/s.ABB India by the assessee as per the service agreement - assessee-company is a non-resident company incorporated in UAE - FTS - PE in India - Taxability of business income as per DTAA between India and UAE - HELD THAT:- As per DTAA and Tax Treaty, there is no specific clause in respect of FTS and same has to be considered as business profit in the absence of such clause and permanent establishment in India, whereas the learned AR supported his arguments on non-taxability of amount but could not establish that there is no existence of Permanent Establishment in India. Therefore, as prayed by the learned AR, the disputed matter is restored to the file of the AO for the limited purpose to examine and inquiry whether there is any permanent establishment in India. In case if it is found with supporting evidence and documentation and also the assessee proves that there is no permanent establishment in India, then the assessee be granted the benefit of non-taxability - Assessee’s appeal is allowed for statistical purposes.
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