VidhiSangh

Supreme Court of India · 22/07/2020

DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI & ANR. versus M/S. SAMSUNG HEAVY INDUSTRIES CO. LTD.

[2020] 6 S.C.R. 486 · 2020 INSC 460

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Mumbai project office was an auxiliary liaison office, not a fixed-place permanent establishment through which Samsung carried on its core business under the India–Korea treaty. The Tribunal had selectively read the board resolution, disregarded evidence of the office’s limited functions and wrongly placed the initial burden on the assessee. The Revenue’s appeal was dismissed on these grounds, making the other attribution questions unnecessary to decide.

Issues

  1. Whether the Mumbai office constituted a fixed-place permanent establishment under the applicable treaty.
  2. Who bore the initial burden and whether the Tribunal’s findings were sustainable.

Provisions considered

Held

Result

Revenue appeal dismissed for the Supreme Court’s stated reasons; no fixed-place permanent establishment established through the Mumbai project office. Other questions unnecessary to decide.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 486.