https://www.taxtmi.com/caselaws?id=269600 Reassessment beyond four years requires failure by the assessee to make full and true disclosure of material facts, and it cannot rest on the same material already examined in the original assessment. Where no fresh tangible material exists, reopening is invalid. On PE attribution, a business connection in India is not enough under the treaty: fixed place, liaison office, software and dependent agent tests must independently satisfy Article 5. Here the agents used their own premises, the liaison office performed only preparatory or auxiliary functions, and the agents were independent and lacked authority to conclude contracts. No permanent establishment existed in India, and no profits were attributable to Indian operations. en-us Thu, 10 Dec 2015 00:00:00 +0530 Thu, 17 Dec 2015 06:45:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=269600 Reassessment beyond four years requires failure by the assessee to make full and true disclosure of material facts, and it cannot rest on the same material already examined in the original assessment. Where no fresh tangible material exists, reopening is invalid. On PE attribution, a business connection in India is not enough under the treaty: fixed place, liaison office, software and dependent agent tests must independently satisfy Article 5. Here the agents used their own premises, the liaison office performed only preparatory or auxiliary functions, and the agents were independent and lacked authority to conclude contracts. No permanent establishment existed in India, and no profits were attributable to Indian operations. Case-Laws Income Tax Thu, 10 Dec 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=269600