Shanti Prime Publication Pvt. Ltd.
Sec. 5, 9(1)(i) & 90 of Income-tax Act, 1961— Double taxation relief - The meaning of expressions "business connection" and "business activity" has been articulated. However, even if the stated activity(ies) of the liaison office of the respondent in India is regarded as business activity, as noted earlier, the same being "of preparatory or auxiliary character"; by virtue of Art. 5(3)(e) of the DTAA, the fixed place of business (liaison office) of the respondent in India otherwise a PE, is deemed to be expressly excluded from being so. And since by a legal fiction it is deemed not to be a PE of the respondent in India, it is not amenable to tax liability in terms of Art. 7 of the DTAA. Appeal dismissed. - UOI V/s U.A.E. EXCHANGE CENTRE -  315 CTR 129 (SC)