https://www.taxtmi.com/caselaws?id=208337 Under Article 5 of the India-France DTAA, a fixed place permanent establishment was not made out on the agency structure because the foreign enterprise did not have the agent's premises at its disposal as of right. For a dependent agent permanent establishment, the Revenue had to show not only agency activity but also that the principal-agent dealings were not at arm's length under Article 5(6); no such finding or material was recorded, so no permanent establishment in India was sustained and no profit attribution survived. Interest under section 234B was also deleted because the issue was covered by binding jurisdictional precedent. en-us Wed, 11 Jan 2012 00:00:00 +0530 Tue, 24 Jan 2023 11:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=208337 Under Article 5 of the India-France DTAA, a fixed place permanent establishment was not made out on the agency structure because the foreign enterprise did not have the agent's premises at its disposal as of right. For a dependent agent permanent establishment, the Revenue had to show not only agency activity but also that the principal-agent dealings were not at arm's length under Article 5(6); no such finding or material was recorded, so no permanent establishment in India was sustained and no profit attribution survived. Interest under section 234B was also deleted because the issue was covered by binding jurisdictional precedent. Case-Laws Income Tax Wed, 11 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=208337