India: Mere existence of subsidiary in India does not automatically constitute a permanent establishment (High Court decision)

To establish a PE, conditions outlined in applicable treaty must be met based on actual facts of the case

June 7, 2024

The Delhi High Court held that the mere existence of a subsidiary in India does not automatically constitute a permanent establishment (PE) for a foreign company. The court reiterated that to establish a PE, the conditions outlined in the applicable treaty must be met based on the actual facts of the case.

The case is: Progress Rail Locomotive Inc. v. DCIT

Read a June 2024 report prepared by the KPMG member firm in India

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