https://www.taxtmi.com/caselaws?id=763478 ITAT Ahmedabad held that a USA company did not establish a permanent establishment in India under Article 5(2)(k) of the India-USA Tax Treaty. The tribunal found that construction/installation activities did not exceed the 120-day threshold within any 12-month period required for PE status. Payment dates to the foreign company were deemed irrelevant for determining project commencement and completion dates. Consequently, the assessee was not obligated to withhold taxes at source on payments made to the USA company. The appeal was allowed. en-us Wed, 18 Dec 2024 00:00:00 +0530 Fri, 20 Dec 2024 08:46:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763478 ITAT Ahmedabad held that a USA company did not establish a permanent establishment in India under Article 5(2)(k) of the India-USA Tax Treaty. The tribunal found that construction/installation activities did not exceed the 120-day threshold within any 12-month period required for PE status. Payment dates to the foreign company were deemed irrelevant for determining project commencement and completion dates. Consequently, the assessee was not obligated to withhold taxes at source on payments made to the USA company. The appeal was allowed. Case-Laws Income Tax Wed, 18 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763478