2025 (2) TMI 455

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AO GEDELA For the Appellant Through: Mr. Ruchir Bhatia, SSC. For the Respondent Through: Mr. Vishal Kalra, Advocate. JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) CM APPL. 7418/2025 1. Cause shown is sufficient. Accordingly, the application is allowed. Delay of 288 days in refiling the appeal is condoned. 2. The application stands disposed of. ITA 31/2025 3. The present appeal ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e assessee company squarely coved by the Hon'ble Apex Court in DIT v. Morgan Stanley Co [2007] 292 ITR 416 (SC) and not the exception, stipulated in the said judgment and hence nothing further is attributable to the assessee's PE in India despite that fact that Adobe India is performing functions which are wider in scope than what is mentioned in the agreement between the two entities and ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... had to be determined whether all the risk taking functions of the PE have been remunerated at arm's length? 2.5 Whether on the facts and circumstances of the case, and in law, the Ld. ITAT has erred in not passing a speaking order on whether Adobe India constitutes a PE of Adobe Ireland. 2.6 Whether on the facts and circumstance of the case, and in law, the Ld. ITAT erred in....