Assessee, a Switzerland based sports management company, provided drivers to team participating in Formula One motor racing Championship in India and was earning significant sum from sponsors by way of granting them rights to use their marks and symbols, etc.. AO held that the assessee had its Permanent Establishment (PE) in India as it undertook regular, continuous and repetitive business activity at its fixed place of business and, thus, considerations received/receivable by assessee in India is taxable in India. DRP held that since said event was held for three days in a year, there was no element of permanence in presence of assessee in India and use of facilities for 3 days in a year did not amount to having a fixed place of business in India and, therefore, there did no exist any PE of assessee in India. Tribunal has raised a query as to actual duration of said drivers’ stay in India in connection with aforesaid race, time taken for preparation, finalization and conclusion and certificate of said drivers’ arrival in India and departure in relation to event but assessee was not in a position to provide any such detail and submitted that these aspects were factual aspects and were not readily available. Matter remitted to the file of Assessing Officer for verification.  (AY. 2012-13, 2013-14)