Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (9) TMI 507 - AT - Income TaxIncome attributed to PE in India - whether the assessee had a Permanent Establishment (PE) either in the nature of a fixed place PE or Supervisory PE under Article 5 of Indian-Japan Double Taxation Avoidance Agreement (DTAA)? - Assessee is a non-resident corporate entity incorporated in Japan - HELD THAT: it is very much clear that the factual position qua the disputed issue is identical to the earlier assessment years. As already discussed in foregoing paragraphs, this is a legacy issue continuing from assessment year 2014-15 onwards. In the latest order passed for assessment year 2017-18 [2023 (2) TMI 1107 - ITAT DELHI] hold that the assessee had no PE in India in any form whatsoever. Therefore, the addition made by attributing a part of the income of the assessee to the alleged PE has to be deleted. Thus we hold that the assessee had no PE in India, either fixed place or supervisory, to which the profit from revenue earned from sale of raw-material and finished capital goods can be attributed. Accordingly, we delete the addition made by the Assessing Officer. Grounds are allowed
|