https://www.taxtmi.com/caselaws?id=206051 A dependent-agent or fixed-place presence in India that habitually secures orders and performs core business functions was treated as sufficient to establish both business connection under Section 9(1)(i) and a permanent establishment under Article 5 of the India-UK DTAA. On attribution, the Tribunal's approach of excluding manufacturing and research and development elements while limiting taxable profits to 35% of global profits was upheld, and no further set-off for research and development expenses was permitted because that element had already been reflected in the apportionment. The reassessment challenge and the coordinate-bench point were not pressed. en-us Tue, 30 Aug 2011 00:00:00 +0530 Thu, 04 Jul 2013 15:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=206051 A dependent-agent or fixed-place presence in India that habitually secures orders and performs core business functions was treated as sufficient to establish both business connection under Section 9(1)(i) and a permanent establishment under Article 5 of the India-UK DTAA. On attribution, the Tribunal's approach of excluding manufacturing and research and development elements while limiting taxable profits to 35% of global profits was upheld, and no further set-off for research and development expenses was permitted because that element had already been reflected in the apportionment. The reassessment challenge and the coordinate-bench point were not pressed. Case-Laws Income Tax Tue, 30 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=206051