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Showing contexts for: attributable to permanent establishment in G.E. Engine Services Mcallen Lp, New ... vs Department Of Income TaxMatching Fragments
3. The Assessing Officer held that :
(a) The assessee i.e. 22 GE Overseas entities have a Permanent Establishment in India;
(b)That they have a dependent agency Permanent Establishment in India in the form of G.E.India Industrial P.Ltd. (GEIIPL).
3.1. The Assessing Officer attributed profit to the Permanent Establishment and brought the same to tax. Interest was levied u/s 234A and S. 234B of the Act. Aggrieved the assessee carried the matter in appeal.
4. The Ld.Commissioner of Income Tax (Appelas) disposed of all the appeals by two consolidated orders dt. 30.9.2010 and 2.11.2010. He confirmed the action of the Assessing Officer on the issues of: (a) reopening of assessments;
(b) existence of Permanent Establishment; and (c) attribution of profits to the Permanent Establishment. On the issue of levy of interest u/s 234B of the Act, the Ld.Commissioner of Income Tax (Appeals) followed the binding judgement of the Jurisdictional High Court in the case of M/s Jacab Civil Inc. 330 ITR 578 (Delhi) and decided the issue in favour of the assessee. 4.1. All the Revenue appeals that are before us are challenging the deletion of interest levied by the Assessing Officer u/s 234B of the Act, by the Ld.Commissioner of Income Tax (Appeals).