|CORAM:||V. S. Sirpurkar J|
|CATCH WORDS:||India-Singapore DTAA, Permanent Establishment|
|COUNSEL:||K. Meenakshi Sundaran|
|DATE:||November 30, 2015 (Date of pronouncement)|
|DATE:||January 26, 2016 (Date of publication)|
|FILE:||Click here to download the file in pdf format|
|An installation project which does not last more than 183 days in a fiscal year is not a "Permanent Establishment" and the business profits are taxable only in Singapore under Article 7(1) of the India-Singapore DTAA|
Since the project executed by the applicant in India for Brahmaputra continued only for 178 days in a fiscal year and as the duration of the project is less than 183 days in a fiscal year, Permanent Establishment of the applicant cannot be constituted in India for the FY 2012-13 as per the provisions of Article 5.3 of the India-Singapore DTAA. Hence, the business profits accruing or arising to the applicant by way of the execution of the project under reference is taxable only in the country where the applicant is a resident, as per Article 7.1 of India-Singapore DTAA.