No income of assessee-company taxable in India in absence of PE in India

Gemological Institute of America Inc. Vs ACIT (ITAT Mumbai)

Conclusion: Since Indian subsidiary of assessee-company was operating in an independent manner and there was nothing to show that factually speaking the Indian subsidiary constituted a PE of assessee in India, therefore, AO had erred in invoking section 9 of the Act and/or Article 5 of the India-USA DTAA in order to say that the assessee company had a PE in India. Where assessee did not have a PE in India,  income of assessee was not allowable to b

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