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2023 (8) TMI 163 - SCH - Income TaxIncome taxable/attribuable in India - attributed 15% of the assessee’s income to India - applicability of the Galileo rule - HELD THAT:- As decided in GALILEO INTERNATIONAL INC. [2009 (2) TMI 497 - DELHI HIGH COURT] looking at the nature and the character of the functions undertaken in India viz., the functions and assets outside India, 15% was attributed to India. (Aspect of risk has not been discussed but it has never been the case of the revenue that risk factor tilts the scale for higher attribution of income to Indian PE). This worked out to Euro 0.45 and this was less than the commission of Euro 1, which was paid by the appellant- assessee to the distributor in India. Galileo Nederland BV [supra] has now merged with the order of this Court in Travelport [2023 (5) TMI 227 - SUPREME COURT] filed by the Revenue before this Court. In view of the fact that the judgment of the Delhi High Court has been affirmed by this Court by dismissing the appeals filed by the Revenue, we find that the appeals filed by the assessee(s) are liable to be allowed.
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