https://www.taxtmi.com/caselaws?id=403603 No taxable permanent establishment was established on the facts because the foreign enterprise did not have a fixed place of business at its disposal in India under Article 5(1) or Article 5(2). Even on the Revenue's alternative case of a dependent agent permanent establishment under Article 5(4), Article 7 permitted attribution only of profits actually attributable to that PE, and no further income could be attributed where the Indian agent had already been remunerated at arm's length for the functions performed and risks assumed. A remand to re-examine the agent's remuneration was declined because the record showed no specific deficiency in the existing compensation. The arrangement was therefore tax-neutral and no additional income was taxable in India. en-us Fri, 29 Jan 2021 00:00:00 +0530 Wed, 03 Feb 2021 09:43:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403603 No taxable permanent establishment was established on the facts because the foreign enterprise did not have a fixed place of business at its disposal in India under Article 5(1) or Article 5(2). Even on the Revenue's alternative case of a dependent agent permanent establishment under Article 5(4), Article 7 permitted attribution only of profits actually attributable to that PE, and no further income could be attributed where the Indian agent had already been remunerated at arm's length for the functions performed and risks assumed. A remand to re-examine the agent's remuneration was declined because the record showed no specific deficiency in the existing compensation. The arrangement was therefore tax-neutral and no additional income was taxable in India. Case-Laws Income Tax Fri, 29 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403603