Profit attribution to Permanent Establishment in India is fact based: Delhi HC

GE Nuovo Pignone Vs CIT (Delhi High Court) Delhi High Court held that that attribution of profits to PE in India is fact based, depending upon role played by PE in overall generation of income. Such activities carried out by the PE in India resulting in generation of income, may vary from case to case, and attribution of income has to be in line with the extent of activities of PE in India. Facts- The question of law involved in the present appeal is that whether ITAT was justified in holding action of AO in exercising jurisdiction under Section 147/148 of the Income Tax Act, 1961 [“Act&...