2023 (12) TMI 883

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....ant appeal, the following broad facts are required to be noticed: 4. The respondent/assessee is a company which was incorporated under the laws of United Kingdom (UK). The respondent/assessee is a tax resident of UK, in terms of Article 4 of the India and UK Double Taxation Avoidance Agreement [in short, "DTAA"]. 5. The core business of the respondent/assessee concerns providing testing services to its clients, concerning transmission systems designed for automobiles at its centers located in U.K. 6. In the period in issue, the respondent/assessee had filed its Return of Income (ROI) in which it declared its income as "nil". The stand taken by the respondent/assessee was that the income earned by it from customers located in India ....

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..... Honda Motors Co. Ltd., 255 taxman 72 (SC). 12. As far as the second issue is concerned, the Tribunal made note of the following information furnished on behalf of the respondent/assessee with regard to the profits attributed to the PE in the AY in issue and those that preceded the same and the commission/remuneration paid to it on Arm's Length basis: Assessment Year Profits attributed to PE (A) Commission/remuneration paid on arm's length basis (B) 2009-10 1,46,24,821/- 3,31,16,923 2010-11 38,97,594/- 3,36,21,632 2011-12 63,30,619/- 4,00,05,437 2012-13 1,00,91,845/- 4,09,81,100 2013-14 1,21,89,053/- 4,10,77,874 2014-15 91,24,923/- 4,28,58,978 2015-16 90,02,297/- 5,....