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2018 (1) TMI 852 - AT - Income TaxIncome deemed to accrue or arise in India - Holding the income from offshore supply of cables not taxable in India - effective rate on payment made to the assessee under offshore supply contracts - PE in India - Held that:- AO brought to tax the Revenues from offshore supply by considering profit rate of 10% and attributing 25% of profits to operations carried out in India. While doing so, the AO has followed the orders of his predecessors as well as the order of the Ld.CIT passed u/s 264 for the FY 2015-16 i.e. A/y 2016-17. We find the Ld.CIT(A) deleted the addition made by the AO by following order of the Tribunal in assessee’s own case in the preceding years as well as the decision of the Jurisdictional High Court in assessee’s own case. [2016 (1) TMI 1126 - DELHI HIGH COURT] Nothing contrary was brought to our notice by the Ld.CIT DR against the finding of the Ld.CIT(A) except stating that the Ld.CIT(A) has not considered the order passed by the Ld.CIT u/s 264 of the I.T.Act, 1961. The same, in our opinion, cannot be a ground to take a different view than the view taken by the Ld.CIT(A) who has followed the decision of the Tribunal in assessee’s own case in the preceding assessment year as well as the decision of the Hon’ble jurisdictional High Court in assessee’s own case - Decided against revenue
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