enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which ... profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise
Rolls Royce Indl. Power (I) Ltd., vs Assessee
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI
order of the Ld. AO that the Appellant has a Permanent
Establishment ('PE') in India under Article 5 of the DTAA
between India ... holding that the assessee did not have a
Dependent Agent Permanent Establishment in India through
Convergys India Services Pvt. Ltd. (CIS), despite of having
observed
permanent establishment excluded the
applicability of the principle that where there was a
permanent establishment, the State of the permanent
establishment should be allowed ... connected
with the permanent establishment. The State of the
permanent establishment was allowed to tax only those
profits which were economically attributable to the
permanent
sales of equipments made in India was attributed to
these permanent establishments. Indian permanent
establishment was also involved in making sales in some
South Asian ... also attributed to Indian permanent establishment.
The assessee has not disputed the issue of the permanent
establishment as well as attribution of profit
permanent establishment. As the
permanent establishment cannot be said to be
involved in the transaction, the aforementioned
provision will have no application. The permanent
establishment ... existence of a permanent establishment would
not constitute sufficient "business connection", and
the permanent establishment would be the taxable
entity. The fiscal jurisdiction
permanent
establishment. As the permanent establishment cannot be said to be
involved in the transaction, the aforementioned provision will
have no application. The permanent establishment ... existence of a permanent establishment would not constitute
sufficient "business connection", and the permanent establishment would be
the taxable entity. The fiscal jurisdiction
Overseas entities have a Permanent Establishment
in India;
(b)That they have a dependent agency Permanent Establishment in India in the
form ... 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
Overseas entities have a Permanent Establishment
in India;
(b)That they have a dependent agency Permanent Establishment in India in the
form ... 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
Overseas entities have a Permanent Establishment
in India;
(b)That they have a dependent agency Permanent Establishment in India in the
form ... 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
