Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Liaison office activities deemed preparatory or auxiliary; no PE under Article 5 of India-Netherlands DTAA and MLI

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ITAT held that the taxpayer's liaison office (LO) in India did not constitute a permanent establishment (PE) under Article 5 of the India-Netherlands DTAA, read with the MLI, because the LO's activities were preparatory or auxiliary and no cohesive business operation was carried out in India by a subsidiary or the LO that would attribute income to the taxpayer. The Tribunal found no evidence that LO personnel had authority to conclude contracts or that information collected was used by an active PE in India; the revenue's expectation to prove a negative was untenable. Consistent with SC precedent, the adhoc income addition premised on a PE finding was deleted.....