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    <title>2016 (3) TMI 1097 - ITAT MUMBAI</title>
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    <description>Effective management and a permanent establishment in India were not established on the material recorded, because the assessee was managed from Singapore, with accounts and banking operations there and insufficient proof of Indian control. A director&#039;s presence in India, one board meeting, and the location of the holding company in India were found inadequate to prove Indian residence or effective management. The assessee also was not carrying on shipping business, since it did not own, charter, or lease vessels and only provided container services. As section 44B applies to shipping business, it was inapplicable on these facts and no income was taxable in India in the absence of a permanent establishment.</description>
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      <description>Effective management and a permanent establishment in India were not established on the material recorded, because the assessee was managed from Singapore, with accounts and banking operations there and insufficient proof of Indian control. A director&#039;s presence in India, one board meeting, and the location of the holding company in India were found inadequate to prove Indian residence or effective management. The assessee also was not carrying on shipping business, since it did not own, charter, or lease vessels and only provided container services. As section 44B applies to shipping business, it was inapplicable on these facts and no income was taxable in India in the absence of a permanent establishment.</description>
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