In absence of FTS clause Income is chargeable as Business profit & not taxable in absence of PE

ACIT Vs IQOR India Services Pvt. Ltd. (ITAT Delhi) Assessee submitted that there are a number of decisions of the co–ordinate Benches, wherein, with reference to India-Philippines DTAA, it has been held that, even, in absence of FTS clause, the income would be governed under the other provisions of DTAA, hence, has to be treated as business profit under Article 7, which, in absence of a PE cannot be taxed in India. In case of Jynga Game Networks India (P) Ltd. vs. ACIT in ITA No.2139/Del/2017 dated 03.08.2018, the co-ordinate bench has held as under: “15….As far as the case of the as...