https://www.taxtmi.com/caselaws?id=457408 Permanent Establishment and business connection were not established where the Indian entity operated independently, the arrangement was not a joint venture, and the fixed-place, service and agency PE conditions under the India-USA DTAA were unmet. Business-profit taxability in India therefore failed on that basis. Additional legal grounds on royalty taxation under an Advance Pricing Agreement were admitted because they arose from facts on record, but royalty recomputation was remitted for verification of amounts refundable or adjustable. The royalty ground based on effective connection with a PE did not survive. Interest liability required factual verification and consequential recomputation, so it was also remitted for fresh examination. 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 Permanent Establishment and business connection were not established where the Indian entity operated independently, the arrangement was not a joint venture, and the fixed-place, service and agency PE conditions under the India-USA DTAA were unmet. Business-profit taxability in India therefore failed on that basis. Additional legal grounds on royalty taxation under an Advance Pricing Agreement were admitted because they arose from facts on record, but royalty recomputation was remitted for verification of amounts refundable or adjustable. The royalty ground based on effective connection with a PE did not survive. Interest liability required factual verification and consequential recomputation, so it was also remitted for fresh examination. Case-Laws Income Tax Fri, 25 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457408