https://www.taxtmi.com/caselaws?id=301636 The Tribunal ruled in favor of the assessee, holding that the company did not have a Permanent Establishment (PE) in India under the India-Netherlands DTAA. Consequently, issues related to income attribution, taxation of software, subscription, and service income as royalty or Fees for Technical Services (FTS) were decided in favor of the assessee. The Tribunal directed the Assessing Officer to re-examine these issues in line with relevant judicial precedents. Income from the sale of equipment to NetApp India was deemed offshore income and not taxable in India. The Tribunal also addressed interest levy under Section 234B and dismissed premature penalty proceedings under Section 271(1)(c). en-us Mon, 20 Sep 2021 00:00:00 +0530 Wed, 13 Apr 2022 08:37:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301636 The Tribunal ruled in favor of the assessee, holding that the company did not have a Permanent Establishment (PE) in India under the India-Netherlands DTAA. Consequently, issues related to income attribution, taxation of software, subscription, and service income as royalty or Fees for Technical Services (FTS) were decided in favor of the assessee. The Tribunal directed the Assessing Officer to re-examine these issues in line with relevant judicial precedents. Income from the sale of equipment to NetApp India was deemed offshore income and not taxable in India. The Tribunal also addressed interest levy under Section 234B and dismissed premature penalty proceedings under Section 271(1)(c). Case-Laws Income Tax Mon, 20 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301636