https://www.taxtmi.com/caselaws?id=457408 Indian tax liability on business profits was not sustained because the treaty conditions for a Permanent Establishment under Article 5 of the India-USA DTAA were not met on the facts, and the domestic concept of business connection also failed. The article further notes that additional grounds on royalty taxation under an Advance Pricing Agreement were admitted as legal grounds arising from the record, but the royalty computation required factual verification and was sent back for recomputation. Interest under section 234A was also remitted for fresh verification and decision after giving the assessee an opportunity to be heard. en-us Fri, 25 Aug 2023 00:00:00 +0530 Wed, 18 Sep 2024 20:28:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457408 Indian tax liability on business profits was not sustained because the treaty conditions for a Permanent Establishment under Article 5 of the India-USA DTAA were not met on the facts, and the domestic concept of business connection also failed. The article further notes that additional grounds on royalty taxation under an Advance Pricing Agreement were admitted as legal grounds arising from the record, but the royalty computation required factual verification and was sent back for recomputation. Interest under section 234A was also remitted for fresh verification and decision after giving the assessee an opportunity to be heard. Case-Laws Income Tax Fri, 25 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457408