independently registered as company under the Omani
laws. It claims Permanent Establishment (PE) status in Oman in terms of
Article 25 of the Double Taxation ... opening capital in terms of the
profit on account of its PE audited and submitted during the proceedings
were "not disclosed in its accounts
case, it is noticed that the assessee having
admitted that it has PE in India and the income of the
assessee is taxable in India ... assessee's case in so
far as the assessee has a PE in India. Thus, as per Article
7(2) of the DTAA
submitting that it did not constitute a Permanent Establishment ("PE") in India under the provisions of the Avoidance for Double Taxation between India ... taxable in India only if it constitutes a Permanent Establishment ("PE") in India. Further, only the portion of the income as is attributable
first determine whether the assessee had a Permanent Establishment (in
short PE) in India and, thereafter determine the taxability of the income in
accordance with ... 44BB of the Act
only if the appellant had permanent establishment
("PE") in India in the relevant assessment year?
c) Whether
subsidiary set up in India and it is held to be the PE of the assessee.
Since this was the submission in the alternative ... 2008,663/2008
7. The Assessing Officer after holding that RRIL was PE of the assessee
and there were business connection between
Kyin and his wife subsequently transferred all the properties to U Shwe Pe and his wife and conveyed the same to them ... party to the later transaction in favour of U Shwe Pe and his wife.
Myaing subsequently conveyed to Kyin and his wife his equity
expatriate employees working in
India exclusively for the Permanent Establishment ('PE') of the Appellant, is fully
allowed as deduction under section ... Interest amounting to INR 34,99,476 accrued/ received by the Indian PE from its
HO overseas branches.
2.1 That on the facts
decision holding that
the assessee company did not have a permanent establishment (PE) in India, has been taken
up by way of an additional ground ... findings of the coordinate bench about non-existence of assessee's PE in India, this
ground is wholly academic and it may not even
under Article 7 of the tax treaty. In the absence of a PE (under Article
5 of the treaty) of payees in India, the said ... clause at all. None of such services providers have any PE in India. Therefore any
remittance made in this regard is not taxable in India
pe n a l ty p r ocee ... served th a t th e sc o pe
