Saturday, 9 June 2012

A subsidiary created for Indian business is a PE of the foreign parent

In Re Aramex International Logistics Pvt Ltd (AAR)



The applicant, a Singapore company, entered into an agreement with an Indian group subsidiary company for the performance of shipment transport services within & outside India. The agreement was on a principal to principal basis. The applicant claimed that as it had no office, equipment, employee or agent in India and did not carry out operations in India, it did not have a PE in India and no part of the receipts from outbound and inbound consignments was taxable in India. HELD by the AAR:

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