https://www.taxtmi.com/caselaws?id=304474 The Tribunal examined whether Bombardier Transportation India Ltd. constituted a fixed place permanent establishment in India for the assessee and whether profits from the DMRC contracts could be attributed to it. It found that the earlier-year reasoning had proceeded on an incorrect appreciation of the contract facts and the role of the alleged seconded employee, and that the record did not establish a place of business in India through BTIN from which the assessee carried on business. Finding factual parity with the coordinate bench decision on the same controversy, the Tribunal accepted the assessee's challenge, held that BTIN was not a fixed place permanent establishment for the relevant contracts, and deleted the revenue's profit attribution. en-us Tue, 15 Feb 2022 00:00:00 +0530 Wed, 28 Sep 2022 08:01:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304474 The Tribunal examined whether Bombardier Transportation India Ltd. constituted a fixed place permanent establishment in India for the assessee and whether profits from the DMRC contracts could be attributed to it. It found that the earlier-year reasoning had proceeded on an incorrect appreciation of the contract facts and the role of the alleged seconded employee, and that the record did not establish a place of business in India through BTIN from which the assessee carried on business. Finding factual parity with the coordinate bench decision on the same controversy, the Tribunal accepted the assessee's challenge, held that BTIN was not a fixed place permanent establishment for the relevant contracts, and deleted the revenue's profit attribution. Case-Laws Income Tax Tue, 15 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304474