Bellsea Ltd. v. DIT (IT) (2020) 182 ITD 420 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-Resident-Contract for development of gas fields-Construction activity continued in India for a period of six months only-No Permanent Establishment in India-DTAA-India-Cyprus. [Art. 5(a)(g)]

Assessee is  a company incorporated and a tax resident of Cyprus.  The assessee was awarded a contract in relation to development of gas fields located offshore in East Coast of India. The AO held that the assessee had a PE in India.  Tribunal held that since assessee’s activities in India continued for a period of six month only, it did not constitute any PE in India.  (AY. 2009-10)