TMI Blog2022 (4) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... H COURT] has held that the question framed in the appeals preferred by the Revenue essentially pertains to the attribution of income arising from the contracts in question for the purpose of taxing the same under the Act. In the present case, we have concluded that the Assessee does not have a PE in India in terms of the DTAA, thus, the question of splitting the business profits of the Assessee arising from the contract into profits attributable to India and profits attributable to the Assessee overseas does not arise. Same has been relied by the Coordinate Benches in following years and so also by Ld. FAA. Accordingly, there is no substance in the grounds of appeal filed by revenue. The appeal of the revenue is dismissed. - ITA No. 96/D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmanent Agent Permanent Establishment under Article 5(4) of Double Taxation Avoidance Agreement between India and the UAE. 2. Whether, on the facts and in the circumstances of the case, the Ld. CIT(A) erred in holding that interest income is not taxable as income of PE. 3. The appellant craves to add, amend, modify or alter any grounds of appeal at any time or before the hearing of the appeal. 3. The facts in brief are assessee had filed return on income declaring income of ₹ 3,66,34,000/- which was selected for scrutiny under CASS and notice u/s. 143(2) of the Act was issued and a questionnaire u/s. 142(1) was issued. The assessee company is a company incorporated under the laws of UAE and is a tax resident of that cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being relied upon in the present case. 5. Accordingly, the additions were made which were challenged before First Appellate Authority which had disagreed with Ld. AO and followed the earlier year findings and held that assessee has no PE in India during the A.Y. 2015-16. 6. Heard the counsels for the assessee and ld. Sr. DR for the revenue. 7. It was pointed out by Ld. Counsel for the assessee that in assessee's own case Hon'ble Delhi High Court has allowed the appeal of assessee for Assessment Year 2007-08, 2008-09 2009-10 which has been followed in assessee's own case for A.Y. 2011-12 in ITA no. 5563/Del/2017, for A.Y. 2012-13 vide ITA No. 4771/Del/2016, for A.Y. 2013-14 vide ITA No. 5552/Del/2016 and for Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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