https://www.taxtmi.com/caselaws?id=463060 Where locally based personnel carried out core sales functions for a foreign enterprise in India, including customer engagement, negotiation, order processing, pricing interaction and payment follow-up, the factual use of those premises and staff was sufficient to satisfy both a fixed place permanent establishment and a dependent agent permanent establishment under the Income-tax Act and the India-Singapore DTAA. The Tribunal also noted that profit attribution must be based on the foreign enterprise's own profits and not on the Indian margin, and that the Assessing Officer had relied on unaudited figures and required fresh examination of disputed receipts and the correct attribution base. The PE finding was sustained, while the profit computation was sent back for reconsideration. en-us Wed, 16 Nov 2022 00:00:00 +0530 Mon, 04 Aug 2025 20:17:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463060 Where locally based personnel carried out core sales functions for a foreign enterprise in India, including customer engagement, negotiation, order processing, pricing interaction and payment follow-up, the factual use of those premises and staff was sufficient to satisfy both a fixed place permanent establishment and a dependent agent permanent establishment under the Income-tax Act and the India-Singapore DTAA. The Tribunal also noted that profit attribution must be based on the foreign enterprise's own profits and not on the Indian margin, and that the Assessing Officer had relied on unaudited figures and required fresh examination of disputed receipts and the correct attribution base. The PE finding was sustained, while the profit computation was sent back for reconsideration. Case-Laws Income Tax Wed, 16 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463060