https://www.taxtmi.com/caselaws?id=404453 Where an Indian subsidiary constituting the permanent establishment had already been remunerated at arm's length for its marketing support functions and risks, no further profits could be attributed to the foreign enterprise under Article 7 of the treaty. The Tribunal treated the arm's length remuneration as fully covering the India-related functions, so the proposed attribution of 50% of India-centric profits was unsustainable. Even on the alternative computation, set-off of the arm's length payment against the attributed profits left no taxable income. The additions were therefore deleted. en-us Wed, 17 Feb 2021 00:00:00 +0530 Tue, 23 Feb 2021 14:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=404453 Where an Indian subsidiary constituting the permanent establishment had already been remunerated at arm's length for its marketing support functions and risks, no further profits could be attributed to the foreign enterprise under Article 7 of the treaty. The Tribunal treated the arm's length remuneration as fully covering the India-related functions, so the proposed attribution of 50% of India-centric profits was unsustainable. Even on the alternative computation, set-off of the arm's length payment against the attributed profits left no taxable income. The additions were therefore deleted. Case-Laws Income Tax Wed, 17 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=404453