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“construction PE”

International TaxDTAA Article 5DTAA Article 5192 judgments

The decision most relied on for construction PE is National Petroleum Construction Company v. DIT (383 ITR 648), cited in 69 judgments on BharatTax.

Leading authorities on construction PE

National Petroleum Construction Company v. DIT
383 ITR 648 · 2016 · High Court
69
citing judgments

An Indian agent providing marketing services, without the authority to conclude contracts on behalf of a foreign company, does not constitute a Dependent Agent Permanent Establishment (DAPE) for the foreign company in India under DTAA provisions.

Trib.) 4) TVM Limited v. Commissioner of Income-tax
237 ITR 230 · 1999 · Reported
47
citing judgments

A non-resident entity's activities in India are assessed for Permanent Establishment (PE) under Double Taxation Avoidance Agreements, considering types like fixed place, construction, and agency PE, and the applicability of presumptive taxation under sections such as 44BBB.

TejaConstrcution v. ACIT
39 SOT 13 · 2010 · ITAT
32
citing judgments

When an assessee is a sub-contractor, a net profit rate of 7% applied by the CIT(A) is justified.

Kreuz Subsea Pte. Ltd. v. Deputy Director of Income-tax (International Taxation) 3 (1), Mumbai
58 Taxmann.com 371 · 2015 · Reported
12
citing judgments

When multiple provisions of Article 5 of a Double Taxation Avoidance Agreement (DTAA) might apply to determine a Permanent Establishment (PE), the specific provision concerning a 'Service PE' (Article 5(3)) related to construction, installation, or assembly projects exceeding 183 days takes precedence.

Scotts Ltd: 31 Taxman 444 (Cal), CIT v. Hyundai Heavy Industries Co Ltd.
265 CTR 109 · High Court
10
citing judgments

The case is authority for the principle that where an Indian entity is given authority to execute local work but overall responsibility remains with a foreign entity, this does not necessarily constitute a consortium, and the foreign entity's liability should be assessed based on the specific contractual terms.

2009) 318 ITR 190 (AAR-New Delhi) Cal Drive Marine Construction (Mauritius) Ltd. v. DIT (International Taxation)
315 ITR 334 · 2009 · Reported
10
citing judgments

A non-resident company may not have a Permanent Establishment (PE) in India if its activities at the project site are limited and do not satisfy the 'business test' under the relevant Double Taxation Avoidance Agreement (DTAA). This is especially true if the entire work is carried out by a subcontractor.

Judgments citing construction PE

Ncr Global Solutions Limited, Ireland vs. Deputy Commissioner of Income-Tax, Circle 2(2)(2), International Tax, New Delhi

In the result, the grounds are sustained and the appeal filed by the Assessee is allowed

ITA 3230/DEL/2023[2021-22]Status: DisposedITAT Delhi26 Jul 2024AY 2021-22

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2021-22 Ncr Global Solutions Limited, Vs Dcit, Lakeview Drive, Circle 2(2)(2), Airside Business Park, International Taxation, Swords, Co. Dublin, K67 N2N9, New Delhi. Ireland. Pan: Aadcn5762E (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao & Ms Viyushti Rawat, Advocate Revenue By : Shri Vizay B. Vasanta, Cit-Dr Date Of Hearing : 25.07.2024 Date Of Pronouncement : 26.07.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 09.08.2023 Of The Dispute Resolution Panel-2, New Delhi (Hereinafter Referred To As ‘The Ld. Drp’) In Objection No.220 Dated 20.01.2023 Arising Out Of The Objection Before It Against The Order Passed U/S 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), By The Dcit, Circle International Taxation 2(2)(2), New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 142(1)Section 143(3)

other form of business presence in India which constitute a Permanent Establishment in the form of Fixed place PE, Agency PE, Installation PE, Construction PE or Service PE in India in accordance with Article 5 of the India-lreland Tax Treaty or a business connection. 8. Further; the assessee