https://www.taxtmi.com/caselaws?id=308945 Attribution of India income to a foreign enterprise under the India-USA tax treaty could not rest on a mechanical adoption of an earlier 15% ratio without specific findings on the issues argued. The Tribunal had proceeded in the assessee's cross-appeal on the basis of figures furnished by the assessee and the permanent establishment context under Article 5, but it was required to record independent reasons after hearing both sides. In the absence of such findings, the attribution exercise was unsustainable and the matter was remitted for fresh consideration. en-us Tue, 20 Dec 2016 00:00:00 +0530 Wed, 02 Aug 2023 21:18:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308945 Attribution of India income to a foreign enterprise under the India-USA tax treaty could not rest on a mechanical adoption of an earlier 15% ratio without specific findings on the issues argued. The Tribunal had proceeded in the assessee's cross-appeal on the basis of figures furnished by the assessee and the permanent establishment context under Article 5, but it was required to record independent reasons after hearing both sides. In the absence of such findings, the attribution exercise was unsustainable and the matter was remitted for fresh consideration. Case-Laws Income Tax Tue, 20 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308945