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No agency PE in India if distributor appointed by ‘Ten Sports’ in India was acting independently: High Court

March 18, 2020[2020] 115 305 (Bombay)

INTERNATIONAL TAXATION : Where assessee, a Mauritius based company, engaged in telecasting a sports channel called 'Ten Sports' in India, appointed 'T' as its distributor to distribute said channel to cable systems for exhibition to subscribers in India, in view of fact that 'T' was acting independently qua its distribution rights and entire agreement was on principal to principal basis, it could be concluded that 'T' did not constitute an agency PE of assessee in India in terms of article 5(4) of India-Mauritius DTAA

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