In Brief
Samsung Heavy Industries Co. Ltd. (a South Korean company) was awarded a turnkey offshore platform project by ONGC in India. It established a project office in Mumbai with two employees. The tax authorities contended the office was a permanent establishment (PE) in India and sought to tax 25% of offshore income. The Supreme Court held that the Mumbai project office was merely an auxiliary liaison office between Samsung and ONGC, not a PE under the India-Korea Double Taxation Avoidance Agreement. The office's Board Resolution referred to 'coordination and execution of delivery of documents' rather than project execution; no core business expenditure appeared in accounts; and no qualified personnel worked there. Such preparatory/auxiliary activities fall within Article 5(4)(e) exclusion. Therefore, no permanent establishment existed, and no income could be attributed to it for taxation in India. The Department's appeal was dismissed.
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