Case Law Details
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/Del/2016 order dated 22nd September, 2020 for the assessment year 2010-11 has held that MIPL is not a Dependent Agency PE of the assessee.
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 of the assessee.
FULL TEXT OF THE ITAT JUDGEMENT
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