https://www.taxtmi.com/caselaws?id=407598 The Tribunal held that the royalty income refunded to the Indian AE under an APA should not be taxed in the assessee's hands. It determined that the assessee did not have a PE or business connection in India, leading to the attribution of profits becoming unnecessary. The levy of interest under Section 234B was deemed unsustainable due to tax withholding obligations. The Tribunal remanded the issue of TDS credit for fresh adjudication. Overall, the Tribunal's decisions aligned with legal precedents and the case's specific facts, emphasizing accurate tax assessments. en-us Fri, 30 Apr 2021 00:00:00 +0530 Tue, 06 Jul 2021 12:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407598 The Tribunal held that the royalty income refunded to the Indian AE under an APA should not be taxed in the assessee's hands. It determined that the assessee did not have a PE or business connection in India, leading to the attribution of profits becoming unnecessary. The levy of interest under Section 234B was deemed unsustainable due to tax withholding obligations. The Tribunal remanded the issue of TDS credit for fresh adjudication. Overall, the Tribunal's decisions aligned with legal precedents and the case's specific facts, emphasizing accurate tax assessments. Case-Laws Income Tax Fri, 30 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407598