India’s Supreme Court recently ruled that Hyatt International Southwest Asia Ltd., a company based in the UAE, has a "permanent establishment" (PE) in India. This means Hyatt may now have to pay taxes on its Indian income, even though it didn’t have a physical office or full-time staff in the country.
The Court said Hyatt had significant control over two hotels in Delhi and Mumbai by providing management and branding services. This control was strong enough to consider it as having a business presence in India.
Although Hyatt claimed it was only offering strategic advice and didn’t operate directly in India, the Court disagreed. It found that Hyatt’s employees were involved in important daily decisions and even hired key hotel staff.
Also, Hyatt earned money based on the hotels’ performance, not a fixed fee. This showed it had a real business interest in how the hotels operated.
The ruling shows that tax authorities are now focusing more on the actual business control and involvement, rather than just whether a company has a physical office in India.
Experts say that foreign companies with similar business models should review their agreements and presence in India, as they could face similar tax issues in the future
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