https://www.taxtmi.com/caselaws?id=449836 ITAT Delhi set aside the assessment order determining existence of dependent agent permanent establishment (DAPE) for foreign assessee. AO had attributed 25% of software license fees from Indian clients as taxable business income based on PE conclusion. DRP erroneously failed to examine DAPE issue on merits and incorrectly assumed it was previously decided by Tribunal in earlier years. ITAT found DRP committed factual error and directed fresh examination of DAPE existence with proper hearing opportunity for assessee before issuing consequential directions to AO. en-us Mon, 19 Feb 2024 00:00:00 +0530 Wed, 21 Feb 2024 07:12:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449836 ITAT Delhi set aside the assessment order determining existence of dependent agent permanent establishment (DAPE) for foreign assessee. AO had attributed 25% of software license fees from Indian clients as taxable business income based on PE conclusion. DRP erroneously failed to examine DAPE issue on merits and incorrectly assumed it was previously decided by Tribunal in earlier years. ITAT found DRP committed factual error and directed fresh examination of DAPE existence with proper hearing opportunity for assessee before issuing consequential directions to AO. Case-Laws Income Tax Mon, 19 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449836