VidhiSangh

Supreme Court of India · 24/10/2017

ASSISTANT DIRECTOR OF INCOME TAX-I, NEW DELHI versus MIS. E-FUNDS IT SOLUTION INC.

[2017] 10 S.C.R. 157 · 2017 INSC 1048

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Summary

The Revenue alleged that two US e-Funds companies had Indian permanent establishments through their Indian subsidiary’s outsourcing operations. The Court held that the evidence established neither premises at their disposal nor services furnished by them in India, and no agency foundation had been laid. It also rejected reliance on a year-specific mutual-agreement settlement as a precedent.

Issues

  1. Whether the subsidiary’s operations created fixed-place, service or agency permanent establishments under the India–US treaty.
  2. Whether an earlier mutual-agreement settlement established PE status for other years.
  3. Whether arm’s-length remuneration left further profits attributable.

Provisions considered

Held

Result

Revenue’s appeals dismissed; no Indian permanent establishment established on these facts; no costs.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 157.