VidhiSangh

Supreme Court of India · 24/04/2017

FORMULA ONE WORLD CHAMPIONSHIP LTD. versus COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION - 3, DELHI & ANR.

[2017] 2 S.C.R. 152 · 2017 INSC 389

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Summary

FOWC’s access and control over Buddh International Circuit for the Formula One event constituted a fixed-place permanent establishment under the India–UK DTAA. Duration had to be assessed relative to the business and contractual arrangement. Only income attributable to that establishment was chargeable, with corresponding withholding; attribution and any penalty issue remained for assessment.

Issues

  1. Whether the circuit constituted a fixed-place permanent establishment.
  2. What income and withholding consequences followed.

Provisions considered

Held

Result

FOWC and Jaypee appeals dismissed subject to attribution observations; Revenue appeal disposed of as academic. No costs.

Judgment PDF: Supreme Court of India, [2017] 2 S.C.R. 152.