Dear Kotreshmg,
As per status given in your mail, i would like to inform you that Installation and commissioning of machine in India by US company will be regarded as a deemed PE as per clause (K) of Article 5 of Indo-USA DTAA in India otherwise also ignoring the condition of residential accomodation provided to the employee of the US company.
The relevant text of Clause K - Article 5 - Permanent Establishment
(k) a building site or construction, installation or assemÂbly project or supervisory activities in connection therewith, where such site, project or activities (together with other such sites, projects or activities, if any) continue for a period of more than 120 days in any twelve-month period ;
In your case, the employee of US company will be in India for more than 182 days for installation work, it will regarded as deemed PE of US company.
(please also see Clause L of the said Article 5)
Please feel free to discuss further
Regards,
CA. Suraj Agrawal
As per status given in your mail, i would like to inform you that Installation and commissioning of machine in India by US company will be regarded as a deemed PE as per clause (K) of Article 5 of Indo-USA DTAA in India otherwise also ignoring the condition of residential accomodation provided to the employee of the US company.
The relevant text of Clause K - Article 5 - Permanent Establishment
(k) a building site or construction, installation or assemÂbly project or supervisory activities in connection therewith, where such site, project or activities (together with other such sites, projects or activities, if any) continue for a period of more than 120 days in any twelve-month period ;
In your case, the employee of US company will be in India for more than 182 days for installation work, it will regarded as deemed PE of US company.
(please also see Clause L of the said Article 5)
Please feel free to discuss further
Regards,
CA. Suraj Agrawal