2023 (3) TMI 782 - AT - Income Tax

Income deemed to accrue or arise in India - existence of Agency PE/ Fixed Place PE - HELD THAT:- Issue decided in favour of assessee in the case of the assessee for the AY 2017-18 [2022 (5) TMI 674 - ITAT DELHI] wherein held no material has been brought by the departmental authorities to demonstrate that the Indian entity habitually exercises its authority to conclude contract etc. in terms of Article 5(8) or its activities are wholly devoted on behalf of the assessee.

Thus, there cannot be any PE under Article 5(8) and 5(9) of the Indian – Singapore Tax Treaty. Thus, applying the legal principle to the facts emerging on record, we hold that the assessee does not have any PE in India. Therefore, in absence of PE, the business profits of the assessee cannot be taxed in India. Accordingly, the additions made by way of attribution of profit to the PE in India deserve to be deleted. Decided in favour of assessee.