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2024 (2) TMI 1327 - AT - Income TaxAccrual of income in India - Fixed place Permanent Establishment ("PE") for business in India, to carry on the business of sale of software products - HELD THAT:- The issues involved have been squarely covered by the order of the coordinate bench [2023 (4) TMI 1303 - ITAT DELHI] wherein as find merit into the contention of the assessee that the Assessing Authority was not justified in making addition in the hands of the assessee when in the case of alleged PE of the assessee, the transactions have been treated to be arm’s length price. Furthermore, the assessee has pointed out that while making addition, the AO has also included the transaction related to hardware whereas allegation of PE is related to software. In the light of the binding precedents, we are of the considered view that the authorities below erred in making the impugned additions. We therefore, direct the AO to delete the same. Decided in favour of assessee.
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