Technical standardisation in digital distribution does not itself establish commercial agency, service PE, or additional profit attribution.
Digital-platform distribution requires a distinction between technical standardisation and commercial control. Exclusivity, standard operating procedures, price limits, and inability to modify software or data feeds may be technical requirements of a single global platform and do not alone establish a Dependent Agent PE. Service PE analysis excludes auxiliary stewardship activities and included services qualifying as technical or consultancy services. Where an Indian distributor contracts, invoices, collects fees, and bears risks in its own name, and receives arm's-length compensation for its functions, risks, and assets, further profit attribution to an assumed PE requires additional functions performed in India. (AI Summary)