https://www.taxtmi.com/caselaws?id=118542 Profits attributable to an Indian permanent establishment had to be computed on an arm's length basis under Article 7 of the India-USA tax treaty before the claim for deduction under section 10A could be examined. Because the lower authorities had not carried out a proper treaty-based attribution exercise, the assessment could not be sustained on that basis. The matter was restored to the Assessing Officer for fresh determination of the profits attributable to the permanent establishment, after which the section 10A claim could be considered. The assessee's reliance on export realisation certificates and government approvals was left for examination in the fresh proceedings. en-us Fri, 16 Dec 2005 00:00:00 +0530 Wed, 04 Jul 2012 10:57:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=118542 Profits attributable to an Indian permanent establishment had to be computed on an arm's length basis under Article 7 of the India-USA tax treaty before the claim for deduction under section 10A could be examined. Because the lower authorities had not carried out a proper treaty-based attribution exercise, the assessment could not be sustained on that basis. The matter was restored to the Assessing Officer for fresh determination of the profits attributable to the permanent establishment, after which the section 10A claim could be considered. The assessee's reliance on export realisation certificates and government approvals was left for examination in the fresh proceedings. Case-Laws Income Tax Fri, 16 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=118542