The Delhi ITAT held that LG Electronics Inc., Korea, did not have a fixed-place Permanent Establishment in India under Article 5 of the India–Korea DTAA, as the Revenue relied primarily on employee statements without sufficient documentary corroboration. Consequently, the Tribunal held that attribution of profits did not arise and allowed the company’s appeals for Assessment Years 2015–16, 2016–17, 2017–18, and 2020–21.
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