https://www.taxtmi.com/caselaws?id=307450 An Indian subsidiary is treated as a dependent agent permanent establishment under the India-Germany DTAA only if it habitually concludes contracts, maintains stock for regular deliveries, or habitually secures orders on behalf of the foreign enterprise; where contracts are negotiated and signed outside India, the subsidiary merely coordinates delivery and payment, and it is remunerated at arm's length, no PE or further profit attribution arises. The tribunal also applied the principle that section 234B interest is not leviable on a non-resident where the relevant income was subject to tax deduction at source and the assessee was not otherwise liable to advance tax under the pre-amendment regime. en-us Fri, 30 Dec 2022 00:00:00 +0530 Wed, 27 Dec 2023 10:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307450 An Indian subsidiary is treated as a dependent agent permanent establishment under the India-Germany DTAA only if it habitually concludes contracts, maintains stock for regular deliveries, or habitually secures orders on behalf of the foreign enterprise; where contracts are negotiated and signed outside India, the subsidiary merely coordinates delivery and payment, and it is remunerated at arm's length, no PE or further profit attribution arises. The tribunal also applied the principle that section 234B interest is not leviable on a non-resident where the relevant income was subject to tax deduction at source and the assessee was not otherwise liable to advance tax under the pre-amendment regime. Case-Laws Income Tax Fri, 30 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307450