Branch is not the PE in respect of the business done out of the supplies made by foreign principal

Ld. counsel for the assessee contended that similar action was taken by the AO for the assessment year 2003-0-4 also, which was reversed in the first appeal. He placed on record a copy of the order passed by the Tribunal on 13-08-2009 in ITA No.4960/Mum/2007 for the assessment year 2003-04 by which the Revenue’s appeal, under similar circumstances, came to be dismissed. A copy of the judgment of the Hon’ble jurisdictional High Court, in the appeal filed by the Revenue against the said order of the Tribunal for the earlier year, was also placed on record by which the Revenue’s appeal has been dismissed. The ld. DR was fair enough to concede that the facts and circumstances of the instant year are similar to those for the assessment year 2003-04. Respectfully following the precedent, we uphold the impugned order on this issue.

INCOME TAX APPELLATE TRIBUNAL,MUMBAI

I.T.A. No.5178/Mum/2009 – (A.Y. 2005-06)

ADIT (IT) Vs.  Varian Medical Systems (India) Pvt. Ltd.

Date of pronouncement 02-04-2012

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