Mitsui India Pvt. Ltd (MIPL) is not a DAPE of Mitsui & Co. Japan

ACIT Vs Mitsui & Co. Ltd. (ITAT Delhi) The AO asked the assessee to explain why Mitsui India Pvt. Ltd (MIPL) should not be treated Dependant Agent Permanent Establishment (DAPE) in India and also why the assessment should not be completed as per the preceding assessment year since the facts remain the same. Rejecting the various explanations given by the assessee the AO held that MIPL is DAPE of Mitsui & Co. Japan. We find the issue stands squarely covered in favour of the assessee by the Tribunal in assessee’s own case for asstt. Year 2010-11. We find, the Tribunal vide ITA No. 4377...