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2023 (4) TMI 1205 - ITAT DELHITDS u/s 195 - non-deduction of TDS u/s 40(a) (i) - assessee company is a subsidiary company of its parent company in Japan - whether assessee had a Dependent Agency Permanent Establishment (DAPE) in India? - HELD THAT:- CIT(A) correctly concluded Mitsui India Pvt. Ltd. (appellant company in the instant case) is a Dependent PE agent of Mitusi & Co. Ltd (Japan) have now been decided by the ITAT. The ITAT has already held that the appellant is not the PE of Mitusi & Co. Ltd (Japan), hence in view of said findings of the Honorable ITAT there is no question of attribution of any profit of Mitusi & Co. Ltd (Japan) to the appellant company. Accordingly, there is no question of deduction of tax on the same. In view of the same, the disallowance made by the AO under section 40(a)(i) of the Act, is directed to be deleted. Decided in favour of assessee.
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