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2018 (9) TMI 961 - ITAT DELHIService PE in India - Held that:- All the requisite conditions for attracting the mandate of Art. 5(2)(k)(i) stand satisfied inasmuch as I, there is furnishing of services including managerial services; ii. Such services are other than those taxable under Article 13 (Royalties and fees for technical services); iii. Such services are rendered within India; iv. Such services are rendered by the assessee through its employees; and v. such activities continued for a period of more than ninety days within twelve months period. We hold that JCB India constituted a service P.E of the assessee in India. The impugned order on this score is set aside and the view taken by the AO is restored. Rectification application u/s 154 - AO for granting complete credit of Tax Deducted at Source (TDS) and to rectify the interest inadvertently levied under Section 234A - Held that:- Assessing Officer passed the rectification order wherein complete credit of TDS was granted to the assessee and consequential interest u/s 234B was accordingly rectified. Also, the Assessing Officer rectified the interest inadvertently levied under Section 234A and the same was reduced to Nil. Further, interest under Section 234B, 234C, 234D & 244A are consequential in nature. Hence, Ground allowed for statistical purpose.
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