In Brief
Samsung Heavy Industries, a South Korean company, contracted with ONGC to execute a turnkey offshore platform project. It established a project office in Mumbai with two unqualified employees. The tax authorities argued this constituted a permanent establishment (PE) and attributed 25% of offshore revenue to it. The Supreme Court held that a PE exists only when core business is carried on through a fixed place. Here, the Mumbai office was merely auxiliary/liaison in nature with no actual role in core execution, evidenced by no relevant expenditure and unqualified staff. The office fell within the DTAA's exclusion for preparatory/auxiliary activities. The burden of proving a PE rests on tax authorities, not satisfied here. The appeal was allowed, affirming the High Court's decision to set aside the tax liability.
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