https://www.taxtmi.com/caselaws?id=418068 A foreign tax resident providing diamond grading services was not treated as having a permanent establishment in India under Article 5 of the India-USA DTAA or section 9, because business coordination, sub-contracting, pricing arrangements and intra-group service flows did not by themselves establish a fixed place, service or agency nexus. The Tribunal followed the earlier year's reasoning and found the facts unchanged, so no PE was attributed. It also reiterated that interest under section 234C is computed with reference to returned income, not assessed income, and the charge was directed accordingly. The remaining TDS-credit aspect was left only for statistical relief. en-us Mon, 17 Jan 2022 00:00:00 +0530 Tue, 08 Feb 2022 06:54:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418068 A foreign tax resident providing diamond grading services was not treated as having a permanent establishment in India under Article 5 of the India-USA DTAA or section 9, because business coordination, sub-contracting, pricing arrangements and intra-group service flows did not by themselves establish a fixed place, service or agency nexus. The Tribunal followed the earlier year's reasoning and found the facts unchanged, so no PE was attributed. It also reiterated that interest under section 234C is computed with reference to returned income, not assessed income, and the charge was directed accordingly. The remaining TDS-credit aspect was left only for statistical relief. Case-Laws Income Tax Mon, 17 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418068