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2022 (6) TMI 440 - AT - Income TaxIncome accrued in India - Article for taxability of FTS under the India Thailand Treaty - Existence of PE in India - CIT(A) justification in not holding that in absence of any specific article for taxation of Fees for Technical Services, it shall be governed by Article 22 of tax treaty and not as per Article 7 of the tax treaty between India and Thailand - assessee's plea that the entire receipts are clearly in the nature of business income of the assessee and would be taxed in accordance with Article 7 and would not fall under Article 22 - HELD THAT:- The assessee company has no Permanent Establishment (PE) in India. The income which has been earned in this case in absence of F.T.S. clause in DTAA would fall as business income. Their nature would not change to be that of other income. Hence the same cannot be taxed in India in absence of a PE. Revenue appeal dismissed.
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