Case Law Details
Mitsui & Co. Ltd. Vs DDIT (International Taxation) (ITAT Delhi)
Since the lower authorities following the orders of the preceding years have held that M/s. Mitsui & Co. Ltd. has been constituted as Dependent Agent PE of the assessee company in India, therefore, following the consistent decisions of the Tribunal in assessee’s own case in the preceding assessment years and in absence of any contrary material brought to our notice against the decision of the Tribunal we hold that MIPL is not a Dependent Agency Permanent Establishment (DAPE) of the assessee.
We find following the above decision of the Tribunal in assessee’s own case for asstt. Year 2005-06 the Tribunal in assessee’s own case for asstt. Years 2006-07 to 2008-09 vide order dated 7.1.2020 has held that the assessee is not a Dependent Agent Permanent Establishment and no income is attributable.The relevant para of the order of the Tribunal reads as under :-
54. In ground of appeal No.2 and 3, the assessee has challenged the order of the CIT(A) in upholding the action of the AO regarding attribution of profit @ 20% of the gross trading profit determined by the CIT(A).
55. After hearing both the sides, we find this issue stands decided in favour of the assessee by the decision of the Tribunal in assessee ’s own case for A.Y. 2005- 06 where it has been held that the assessee is not a Dependent Agent Permanent Establishment and no income is attributable. Respectfully following the decision of the Tribunal in assessee’s own case for the preceding assessment year, grounds of appeal No.2 and 3 raised by the assessee are allowed.
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