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2017 (6) TMI 1046 - HC - Income TaxDependent agent in India - Double Taxation Avoidance Agreement between India and the USA - permanent establishment in India - Held that:- Perusing the facts on record, the Tribunal and the Commissioner of Income Tax (Appeals) have correctly held that there is no creation of agency. The transaction between the respondent and M/s.Komali Inc. US is on 'Principal to Principal' basis. The transaction is at arm's length. Considering the said nature of transaction, it has been held that there is no creation of agency. The transaction is at arm's length. Merely, because some of the Directors are common that itself would not lead to irresistible conclusion of permanent establishment in India. Both the authorities on appreciation of facts on record have arrived at a plausible conclusion. No substantial question of law arises
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