Delhi HC upholds Tribunal’s decision on Profit Attribution to PE in India Due to Lack of New Evidence

The Delhi High Court upheld the Income Tax Appellate Tribunal’s (ITAT) decision on profit attribution to a Permanent Establishment (PE) in India due to a lack of new evidence. The case involved a foreign company with a PE in India, which had challenged the profit attribution determined by the ITAT. The court found that the company had not provided any new evidence to warrant a revision of the ITAT’s decision. This ruling reinforces the principle that profit attribution to a PE must be based on substantial evidence and that mere disagreement with the ITAT’s findings is insufficient for a successful appeal.