DIRECTORE OF INCOME TAX vs. M/S MITSUI & CO.LTD.

2006 . . . Admit. The following questions of law arise for consideration for the Court in the present appeal: ?1. Whether the Tribunal was right in holding that the Indian branches/offices of the assessee company and their activities cannot be regarded as permanent establishment of the assessee in India and income directly or indirectly attributable to these branches/offices is not taxable in India? .

Whether the Tribunal was right in law in holding that the assessee company does not have any permanent establishment in India and its income from business turnover/imports in India was exempt in view of Agreement for Avoidance for Double Taxation betweeen India and Japan?? . . The appellant is directed to file the Paper books within 3 months as per rules. List with ITA No.13/2005 in regular course. . . . VIKRAMAJIT SEN, J . . . S. MURALIDHAR, J NOVEMBER 21, 2006 dn