Commission expenditure linked to pharmaceutical marketing income qualifies as business deduction when recipient identity, genuineness and business pur...
Country of Origin Certificates and declared transaction value supported preferential customs exemption where authenticity and invoice prices remained ...
The Delhi High Court held that the Indian establishment did not constitute a Fixed Place PE for the petitioner. The court noted that the premises in Noida and Varanasi did not meet the criteria of a "virtual projection" or complete takeover for conducting core business activities. The impugned notices u/s 147/148 lacked evidence to establish a Fixed Place PE. The court emphasized that the Indian subsidiary's activities were "preparatory" or "auxiliary" and not core business functions. The respondents failed to prove that the Indian subsidiary was a mere conduit for the petitioner. The court quashed the reassessment proceedings and notices u/s 148, while keeping open the issue of whether the Delhi office constitutes a PE. The transfer of the petitioner's PAN jurisdiction was also quashed.
The Delhi High Court held that the Indian establishment did not constitute a Fixed Place PE for the petitioner. The court noted that the premises in Noida and Varanasi did not meet the criteria of a "virtual projection" or complete takeover for conducting core business activities. The impugned notices u/s 147/148 lacked evidence to establish a Fixed Place PE. The court emphasized that the Indian subsidiary's activities were "preparatory" or "auxiliary" and not core business functions. The respondents failed to prove that the Indian subsidiary was a mere conduit for the petitioner. The court quashed the reassessment proceedings and notices u/s 148, while keeping open the issue of whether the Delhi office constitutes a PE. The transfer of the petitioner's PAN jurisdiction was also quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
