2015 (1) TMI 1418

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..... n Avoidance Agreement is admissible provided the proof is produced in relation to payment of taxes by the Assessee abroad. If the Assessee has permanent establishment abroad, then, the Assessee would have to produce evidence regarding payment of taxes pertaining to the income of these establishments abroad. On production of such evidence, the Assessee would be entitled to the benefit. That evidenc .....

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..... submit that the Tribunal committed an error in holding that the operations of the RespondentBank in foreign countries denotes it having a permanent establishment outside India. The income attributable to this branch cannot be taxed in India. Mr. Suresh Kumar submits that this finding is rendered without adverting to the relevant factual materials and proof of payment of taxes in relation to the es .....

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..... e assistance of Mr. Suresh Kumar and Sanjiv Shah, we have perused the memo of Appeal. The Assessing Officer was satisfied that the benefit of the Double Taxation Avoidance Agreement is admissible provided the proof is produced in relation to payment of taxes by the Assessee abroad. In other words, if the Assessee has permanent establishment abroad, then, the Assessee would have to produce evidence .....

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