https://www.taxtmi.com/caselaws?id=327747 Transfer pricing assessed the Indian subsidiary on an arm's length basis, and the same income could not be attributed again to the foreign parent as profits of an alleged permanent establishment. Under the DTAA, taxation of business profits requires attribution only to income not already captured through arm's length remuneration, and a fixed place, service, or dependent agent permanent establishment must be supported by independent material showing disposal, service presence, or authority to conclude contracts. Mere control by the parent, exclusive work for it, or disputed transfer pricing methodology for the subsidiary was insufficient to reopen the parent's assessment. The recorded reasons did not show escapement of income in the foreign company's hands, so the reassessment notices were unsustainable. en-us Mon, 16 May 2016 00:00:00 +0530 Wed, 18 May 2016 08:32:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=327747 Transfer pricing assessed the Indian subsidiary on an arm's length basis, and the same income could not be attributed again to the foreign parent as profits of an alleged permanent establishment. Under the DTAA, taxation of business profits requires attribution only to income not already captured through arm's length remuneration, and a fixed place, service, or dependent agent permanent establishment must be supported by independent material showing disposal, service presence, or authority to conclude contracts. Mere control by the parent, exclusive work for it, or disputed transfer pricing methodology for the subsidiary was insufficient to reopen the parent's assessment. The recorded reasons did not show escapement of income in the foreign company's hands, so the reassessment notices were unsustainable. Case-Laws Income Tax Mon, 16 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=327747