Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
The article addresses whether offshore supply receipts give rise to a Permanent Establishment in India, holding that contract duration alone cannot establish a PE; the decisive inquiry is the contract characterisation-supply of equipment versus provision of services-and the substantive allocation of ownership, risk and duties. Applying that principle, and noting absence of AO evidence showing retention of ownership/risks or a PE presence, receipts from machinery supplied and dispatched from abroad with limited installation obligations were not attributable to a PE in India, so they are not taxable in India for the year under review.
The article addresses whether offshore supply receipts give rise to a Permanent Establishment in India, holding that contract duration alone cannot establish a PE; the decisive inquiry is the contract characterisation-supply of equipment versus provision of services-and the substantive allocation of ownership, risk and duties. Applying that principle, and noting absence of AO evidence showing retention of ownership/risks or a PE presence, receipts from machinery supplied and dispatched from abroad with limited installation obligations were not attributable to a PE in India, so they are not taxable in India for the year under review.
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