https://www.taxtmi.com/caselaws?id=353068 The Tribunal held that the Indian subsidiary of the assessee did not constitute a Permanent Establishment (PE) in India. Consequently, the income was to be taxed at 10% under the India-Germany Tax Treaty. The Tribunal also ruled that no income could be attributed to the alleged PE as the assessee operated solely from Germany. The Tribunal further directed the taxation to be on a net basis under the non-discrimination clause of the Tax Treaty. The Tribunal dismissed the Revenue's appeal for one assessment year and allowed the assessee's appeals for the subsequent years, emphasizing the importance of providing adequate opportunity to the assessee and upholding principles of natural justice. en-us Fri, 15 Dec 2017 00:00:00 +0530 Wed, 27 Dec 2017 09:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=353068 The Tribunal held that the Indian subsidiary of the assessee did not constitute a Permanent Establishment (PE) in India. Consequently, the income was to be taxed at 10% under the India-Germany Tax Treaty. The Tribunal also ruled that no income could be attributed to the alleged PE as the assessee operated solely from Germany. The Tribunal further directed the taxation to be on a net basis under the non-discrimination clause of the Tax Treaty. The Tribunal dismissed the Revenue's appeal for one assessment year and allowed the assessee's appeals for the subsequent years, emphasizing the importance of providing adequate opportunity to the assessee and upholding principles of natural justice. Case-Laws Income Tax Fri, 15 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=353068