VidhiSangh

Supreme Court of India · 24/04/2020

UNION OF INDIA & ANR. versus EXCHANGE CENTRE

[2020] 4 S.C.R. 719 · 2020 INSC 354

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Summary

The UAE remittance company’s Indian liaison offices were excluded from permanent-establishment status under Article 5(3)(e) of the India–UAE tax treaty. Downloading remittance instructions, printing drafts and dispatching them to beneficiaries, within the restrictive RBI permission, were preparatory or auxiliary activities. Even if domestic business-connection provisions otherwise applied, the treaty exclusion prevented taxation under Article 7. The Revenue’s appeal was dismissed.

Issues

  1. Whether the liaison offices’ remittance-support activities were preparatory or auxiliary under the treaty.
  2. Whether domestic business-connection provisions could establish liability despite the treaty exclusion.

Provisions considered

Held

Result

Revenue appeal dismissed; High Court’s conclusions upheld, including its setting aside of the advance ruling and consequential reassessment notices. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 719.