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2009 (1) TMI 311 - AT - Income TaxIndo-USSR DTAA - Taxability in India - Income earned outside India - PE in USSR - resident in India - deletion of addition made by the AO to the total income of the assessee on account of income earned by it in the form of profits of business earned in USSR which were entirely attributable to the PE in that country - HELD THAT:- The decision of Special Bench of Tribunal in the case of P.V.A.L. Kulandagan Chettiar [1982 (12) TMI 88 - ITAT MADRAS-A], which has been subsequently affirmed by the Hon'ble Supreme Court [2004 (5) TMI 8 - SUPREME COURT]. Tribunal held that no portion of the said income of the assessee could be taxed in India. thus still holds the field and the same being squarely on the point in issue involved in the present case and is binding on us. We respectfully follow the same and uphold the order of CIT(A) deleting the addition made by the AO to the total income of the assessee on account of income earned by it in the form of profits of business earned in USSR which were entirely attributable to the PE in that country. The appeal of the Revenue is dismissed.
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