https://www.taxtmi.com/caselaws?id=6591 The court held that MSAS is not a Permanent Establishment (PE) of the applicant under Article 5(1) of the Treaty and not an agency PE under Article 5(4). However, MSAS would be considered a PE for stewardship activities and deputation of employees in India exceeding 90 days under Article 5(2)(l). The court rejected the questions regarding the most appropriate method for determining arm's length price and the 29% mark-up meeting the arm's length test. It was ruled that no further income can be attributed to the PE if remunerated at arm's length, and no ruling was provided on the profit attributable to PE based on margin on total operating cost. en-us Mon, 13 Feb 2006 00:00:00 +0530 Thu, 15 Jan 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6591 The court held that MSAS is not a Permanent Establishment (PE) of the applicant under Article 5(1) of the Treaty and not an agency PE under Article 5(4). However, MSAS would be considered a PE for stewardship activities and deputation of employees in India exceeding 90 days under Article 5(2)(l). The court rejected the questions regarding the most appropriate method for determining arm's length price and the 29% mark-up meeting the arm's length test. It was ruled that no further income can be attributed to the PE if remunerated at arm's length, and no ruling was provided on the profit attributable to PE based on margin on total operating cost. Case-Laws Income Tax Mon, 13 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6591