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2009 (7) TMI 1341 - ITAT DELHIIncome accrued or assessed in India - Business Connection in India u/s 9(1)(i) - HELD THAT:- There is no disparity on facts or in the activity carried out by the assessee in the years under consideration then in assessment year 1997-98. The ITAT has considered all these issues in assessment years 1997-98 & 1998-99 wherein it was held that income was chargeable to tax u/s 5(2) of the Act as assessee had business connection in India as per section 9(1)(i) of the Act. However, with regard to the quantification of income accrued to the assessee with the business connection in India it has been held by the ITAT that 15% of the revenue accrued to the assessee in respect of the booking made in India that should be treated as income accrued or assessed in India. Respectfully following the order of the ITAT in earlier two assessment years, we allow the appeals of the assessee and held that no income would be chargeable to tax in India and consequently the appeals of the revenue are dismissed. In the result, all the appeals of the assessee are allowed and the appeals of the revenue are dismissed.
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