https://www.taxtmi.com/highlights?id=77982 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. en-us Fri, 31 May 2024 08:37:57 +0530 Fri, 31 May 2024 08:37:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=77982 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. Highlights Income Tax Fri, 31 May 2024 08:37:57 +0530 https://www.taxtmi.com/highlights?id=77982