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Ground of appeal raised by the assessee that having regards to the facts and circumstances of the case learned AO/Hon'ble DRP has erred in law and on facts in bringing to tax amount of Rs. 4,89,36,723 by holdinginter aliathat the entire receipts receivable under the contract with NATRIP was taxable as business income in India and that too on the ground that assessee had a PE in India.

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Sec. 90 of Income Tax Act, 1961 - Double taxation relief – Since there was no PE's during the relevant asst. yr. 2007-08 for the activities relating to DPIR and engineering services from which the assessee earned the revenue and same cannot be taxed as business profit carried out through PE in India. It is in the nature of FTS which is to be taxed in accordance with Art. 13(4) of India-Spain DTAA. - IDIADA AUTOMOTIVE TECHNOLOGY V/s DY. CIT - [2020] 206 TTJ 114 (ITAT-DELHI)