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The ITAT held that the departmental authorities failed to discharge their duty to examine and reasonedly accept or reject the assessee's evidences, having merely followed prior decisions without confronting contrary material; consequently, the Tribunal concluded that the assessee did not maintain a permanent establishment in India, whether a fixed place PE or a dependent agent PE, for the assessment year under scrutiny. As no PE existed, no business profits were attributable to India and no income was deemed to accrue or arise in India on account of such PE. The impugned assessments are therefore disallowed to the extent premised on the existence of a PE.
The ITAT held that the departmental authorities failed to discharge their duty to examine and reasonedly accept or reject the assessee's evidences, having merely followed prior decisions without confronting contrary material; consequently, the Tribunal concluded that the assessee did not maintain a permanent establishment in India, whether a fixed place PE or a dependent agent PE, for the assessment year under scrutiny. As no PE existed, no business profits were attributable to India and no income was deemed to accrue or arise in India on account of such PE. The impugned assessments are therefore disallowed to the extent premised on the existence of a PE.
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