https://www.taxtmi.com/caselaws?id=293479 A foreign enterprise does not create a permanent establishment in India merely because its subsidiary receives shareholder oversight, periodic reporting, or expatriate support; the subsidiary's separate identity must be disregarded only if its premises or personnel are shown to carry on the parent's business in India. The AAR found no such nexus and held there was no PE. Consideration for offshore supply completed outside India, where title and risk passed abroad, was not taxable in India on the facts stated, subject to verification of the contractual and shipping documents. Since section 195 applies only to sums chargeable under the Act, no tax was deductible on those offshore supply payments. en-us Wed, 23 Oct 2019 00:00:00 +0530 Fri, 02 Jul 2021 15:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293479 A foreign enterprise does not create a permanent establishment in India merely because its subsidiary receives shareholder oversight, periodic reporting, or expatriate support; the subsidiary's separate identity must be disregarded only if its premises or personnel are shown to carry on the parent's business in India. The AAR found no such nexus and held there was no PE. Consideration for offshore supply completed outside India, where title and risk passed abroad, was not taxable in India on the facts stated, subject to verification of the contractual and shipping documents. Since section 195 applies only to sums chargeable under the Act, no tax was deductible on those offshore supply payments. Case-Laws Income Tax Wed, 23 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293479