2023 (10) TMI 1482

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.... For the Respondent: Sh. Sanjay Kumar, Sr. DR ORDER Captioned applications have been filed by the assessee seeking rectification of order dated 10.01.2023 passed in ITA Nos. 1566 & 1567/Del/2022. 2. Learned Authorized Representative of the assessee submitted, while disposing of the appeal, ground no. 5 raised by the assessee in both the appeals remained undecided. He further submitted,....

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....hment ("PE") in India and accordingly attributed 25% of the total turnover of the assessee as profit to the PE. When the issue came before learned DRP, it was found that in past assessment years both the Tribunal and Hon'ble Jurisdictional High Court, though, have held that the assessee had a PE in India, however, they reduced the attribution of profit to the PE at 15% of the gross revenue less ex....

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....hat the status of the assessee as a conduit entity was ever an issue. Therefore, in our considered opinion, the observations of the Assessing Officer regarding the status of the assessee as a conduit company are not based on any cogent material brought on record, and rather unnecessary and irrelevant for deciding the issue, as to whether, assessee's income is taxable in India or not. 8. In view....