income from securities issued by a non-resident (not being a permanent establishment of a non-resident in India) and where such income otherwise does ... attributable to units held by non-resident (not being the permanent establishment of a non-resident in India) [or is attributable to the investment division
section 90A and the assessee does not have a permanent establishment in India in accordance with the provisions of such agreement; or (ii) the assessee
engaged in the business of banking, any interest payable by the permanent establishment in India of such non-resident to the head office ... permanent establishment or any other part of such nonresident outside India shall be deemed to accrue or arise in India and shall be chargeable
enterprises, in uncontrolled conditions; (iii) "enterprise" means a person (including a permanent establishment of such person) who is, or has been, or is proposed ... enterprise is located or at a different place or places; (iiia) [ "permanent establishment", referred to in clause (iii), includes a fixed place of business through
below Articles 5 and 7 of the DTAA :
" Article 5
PERMANENT ESTABLISHMENT
1. For the purposes of this Convention, the
term "permanent establishment ... enterprise wholly or partly
carried on.
2. The term "permanent establishment"
includes especially:
(a) a place of management;
(b) a branch
foreign company carries on business in India through a permanent establishment situated therein, or performs professional services from a fixed place of profession situated therein ... fees for technical services are paid is effectively connected with such permanent establishment or fixed place of profession, as the case may be, shall
cannot be designated as amounting to the German company having a permanent establishment in India within the terms and spirit of the Agreement :
(vi) Interest ... case and thereby the German company had a "Permanent establishment" in india, and the income was taxable by applying the latter part
remuneration paid to the appellants was not borne by the permanent establishment which the employer had in India.
4. The Assessing Officer did not accept ... permanent establishment and same is, therefore, to be deducted from the profits of the establishment. Even otherwise, services have been rendered to the permanent establishment
meaning of the phrase "directly
or indirectly attributable to that permanent
establishment" employed in paragraph 1 of article 7.
Further, profits shall also ... regarded as attributable to
the permanent establishment to the extent indicated in the
said protocol even when the contract or order relating to
the sale
Department concern computation of the
profits of the Indian permanent establishment (for short, "PE") of the
Korean company, M/s .Hyundai Heavy Industries ... enterprise
carries on business in the other Contracting State through a permanent
establishment situated therein. If the enterprise carries on business as
aforesaid the profits
