https://www.taxtmi.com/caselaws?id=422065 The Income Tax Appellate Tribunal (ITAT) allowed the assessee's appeals, quashing the assessment orders as illegal and beyond jurisdiction. The ITAT held that the Assessing Officer (AO) erred in applying provisions of the Income Tax Act instead of the Double Taxation Avoidance Agreement (DTAA) and failed to establish the existence of Permanent Establishment (PE) of foreign suppliers in India. Consequently, the assessee was not liable to deduct tax at source (TDS) under section 195 of the Income Tax Act, and credit for tax payments should be allowed as directed by the ITAT. en-us Mon, 31 Jan 2022 00:00:00 +0530 Fri, 06 May 2022 17:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422065 The Income Tax Appellate Tribunal (ITAT) allowed the assessee's appeals, quashing the assessment orders as illegal and beyond jurisdiction. The ITAT held that the Assessing Officer (AO) erred in applying provisions of the Income Tax Act instead of the Double Taxation Avoidance Agreement (DTAA) and failed to establish the existence of Permanent Establishment (PE) of foreign suppliers in India. Consequently, the assessee was not liable to deduct tax at source (TDS) under section 195 of the Income Tax Act, and credit for tax payments should be allowed as directed by the ITAT. Case-Laws Income Tax Mon, 31 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422065