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TMI Blog2023 (10) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... y benefit to the assessee alleging that the assessee is a conduit entity under the stepping stone of conduit frame work - AO held that the assessee had a Permanent Establishment ( PE ) in India and accordingly attributed 25% of the total turnover of the assessee as profit to the PE HELD THAT:- DRP directed the AO to verify, whether the department is in appeal against the order of the Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eciding the issue, as to whether, assessee s income is taxable in India or not. We decide ground decided in favour of the assessee. - SHRI G. S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, VICE PRESIDENT For the Applicant: Sh. S.K. Aggarwal, CA 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 pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer, denying treaty benefit to the assessee alleging that the assessee is a conduit entity under the stepping stone of conduit frame work. Further, the Assessing Officer held that the assessee had a Permanent Establishment ( 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 ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee was only because of existence of PE in India. 6. In any case of the matter, considering the decisions of the Tribunal and Hon ble Jurisdictional High Court in past assessment years, it cannot be said that 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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