आदेश/ORDER 

PER PRABHASH SHANKAR [A.M.] :-

The present appeal emanating from the appellate order dated 17.11.2025 is preferred by the Revenue against the order passed by the Learned Commissioner of Income-tax, Appeal, CIT(A)-57, Mumbai [hereinafter referred to as “CIT(A)”] pertaining to assessment order passed u/s. 143(3)r.w.s. 144C of the Income-tax Act, 1961 [hereinafter referred to as “Act”] dated 25.05.2024 for the Assessment Year [A.Y.] 2022-23.

2. The grounds of appeal are as under:-

1. “Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in holding that once the AE is remunerated at ALP, the assessment cannot be prejudicial to interest of revenue, when the assessee itself has adopted a dual taxpayer approach and attributed profits to its PE in India?”

2. “Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not appreciating that once assessee has adopted dual taxpayer approach and has PE in India, the profits attributable to it have to be calculated on ALP basis as per the Article 7 of DTAA irrespective of the ALP compensation made to AE in India?”

3. “Whether on the facts and circumstances of the case and i