https://www.taxtmi.com/caselaws?id=311696 ITAT DELHI ruled against the assessee on PE determination under India-UAE Tax Treaty Articles 5(1) and 5(2)(i). The Tribunal found the assessee met twin criteria of fixed place of business and conducting business from such place, following SC precedents in Morgan Stanley, Formula One World Championships, and E-funds IT Solutions. The premises were deemed at assessee's disposal for business conduct. However, profit attribution to PE was restored to AO for fresh determination under Section 44DA and Article 12, considering global profits and losses. Appeal partly allowed for statistical purposes. en-us Tue, 20 Dec 2022 00:00:00 +0530 Tue, 09 Jan 2024 11:51:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311696 ITAT DELHI ruled against the assessee on PE determination under India-UAE Tax Treaty Articles 5(1) and 5(2)(i). The Tribunal found the assessee met twin criteria of fixed place of business and conducting business from such place, following SC precedents in Morgan Stanley, Formula One World Championships, and E-funds IT Solutions. The premises were deemed at assessee's disposal for business conduct. However, profit attribution to PE was restored to AO for fresh determination under Section 44DA and Article 12, considering global profits and losses. Appeal partly allowed for statistical purposes. Case-Laws Income Tax Tue, 20 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311696