TaxTMI 
TaxTMI 
Judicial Approach in Transfer Pricing and PE Attribution: Analysis of a Landmark Case: Legal Perspectives from Tribunal to Supreme Court
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....cisions culminating in the Supreme Court's dismissal of a Special Leave Petition related to transfer pricing and the attribution of income to a Permanent Establishment (PE) in India. The case involves complex issues of international taxation, specifically concerning the operations of a foreign entity in India and the corresponding tax liabilities. Background and Tribunal's Order The Inco....
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....evenue to the PE in India, given the similarities with the Galileo case. This decision was grounded in the analysis that the majority of the appellant's business activities, particularly the more substantial ones, were conducted outside India​​. High Court's Confirmation The High Court of Delhi [2022 (9) TMI 311 - DELHI HIGH COURT], upon reviewing the appellant's and reve....
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....itical Analysis * Applicability of Judicial Precedents: The reliance on the Galileo case as a precedent is pivotal in this series of decisions. The courts upheld the principle that similar facts warrant similar treatment, provided there is no significant deviation in the circumstances or legal principles involved. * Transfer Pricing and PE Attribution: The case underscores the nuanced natu....