Business income earned by foreign entity not having permanent establishment cannot be taxed in India

DCIT Vs Transkor Global Pte Ltd (ITAT Delhi)

ITAT Delhi held that it is proved that assessee doesn’t have any permanent establishment in India, during the year under consideration, accordingly, receipts classifiable as business income cannot be taxed in India.

Facts- The only identical issue to be decided in this appeal as to whether the ld CIT(A) was justified in holding the receipt of the assessee as business income instead of fee for technical services (FTS) as held by the ld AO in the facts and circumstances of the instant case.

The assessee com

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