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TMI Blog2014 (5) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... rin Ghosh, C.J. (Oral) These Appeals arise from the selfsame order of the Tribunal, whereby the Tribunal dealt with three Appeals preferred by the assessee involving a similar question, but in relation to three different assessment years. The point in issue to be decided was, whether the assessee had a permanent establishment in India during the relevant assessment years. The facts relevant in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1961, which includes 'ready for use' and felt that even during the time of repair and maintenance, the rig was lying ready for use and, as such, the rig having been used for more than 120 days during the relevant assessment years, the assessee, in the form of the said rig, had a permanent establishment in India in terms of the meaning of 'permanent establishment' as given in Article 5(2)(j) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces and only if so used for a period of more than 120 days in 12 month period' and, thereby, made it absolutely clear that the Agreement meant user of installation and structure for exploration or exploitation of natural resources and not merely being ready for use. Having had concluded the same, the Tribunal has reversed the findings of the Assessing Officer as well as the First Appellate Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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