India: Subsidiary's managing director gives rise to PE | KPMG | GLOBAL
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India: Subsidiary's managing director gives rise to permanent establishment

India: Subsidiary's managing director gives rise to PE

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).


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  • Indian subsidiary represented by managing director constitutes "permanent establishment" in India: The Chennai Bench of the Income Tax Appellate Tribunal found that because the taxpayer’s subsidiary in India, as represented by its managing director, constituted a fixed place of business and thus a permanent establishment in India, the amount received by the taxpayer for a project was taxable in India. The case is: Carpi Tech SA. Read a November 2016 report [PDF 337 KB]
  • Nepalese and Bhutanese nationals deemed to be Indian workers: India's Ministry of Labour and Employment found that Nepalese and Bhutanese nationals were deemed to be Indian workers. Read a November 2016 report [PDF 345 KB]
  • Completion certificate from government authority not required for claiming losses on residential property: The Mumbai Bench of the Income-tax Appellate Tribunal held that a completion certificate (proof of construction of the property having been completed) need not necessarily be from a government authority in order to claim a deduction with respect to the house property. The case is: Sudhakar S Mody. Read a November 2016 report [PDF 337 KB]

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