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TMI Blog2022 (12) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... umar Kedia, CIT DR ORDER PER SAKTIJIT DEY, J.M. Captioned appeals by the assessee are against the final assessment orders passed under section 143(3) read with section 144C(13) of the Income Tax Act, 1961 pertaining to assessment years 2018-19 and 2019-20, in pursuance to the directions of learned Dispute Resolution Panel (DRP). 2. At the outset, learned Senior Counsel appearing for the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d earned revenue from sale of products as well as rendering of services to the customers in India. In the return of income filed for the impugned assessment years, the assessee offered nil income and claimed refund of tax deducted at source. In course of assessment proceedings, the Assessing Officer, on perusal of record, noticed that while completing assessment in assessment year 2017-18, the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs before learned DRP, the assessee specifically submitted that while deciding assessee's appeal in assessment year 2017-18, the Tribunal has held that the assessee had no PE in India. Though, learned DRP took note of the decision of the Tribunal in assessment year 2017-18, however, it still held that the decision of the DRP in assessment year 2017-18 will apply. Accordingly, it rejected the objec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er treaty provisions. In other words, the Tribunal clearly and categorically held that the assessee had no PE in India. Alternatively, the Tribunal in principle accepted assessee's contention that where the transaction between the assessee and the alleged PE is remunerated at arm's length, no further profit can be attributed to the PE. Thus, in sum and substance, the Tribunal decided the issues in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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