Case Law: Technip Singapore Pte Ltd vs. DIT (Delhi High Court)

Law on whether “installation or construction activity” constitutes a PE under Article 5 and whether “mobilisation/ demobilisation charges” can be treated as “royalty” u/s 9 (1) (vi) & Article 12 (3) (b) of the DTAA and whether “installation charges” could be treated as “Fees for Technical Services” under Explanation 2 below s. 9 (1) (vii) read with Article 12 (4) (a) of the India-Singapore DTAA explained

Therefore, on two counts the finding of the AAR on FTS cannot be sustained. The first being that the installation services are not incidental to the mobilisation/demobilisation service. The contract was in fact for installation, erection of equipment. Mobilisation/demobilisation constituted an integral part of the contract. Secondly, the AAR has proceeded on a factual misconception that the dominion and control of the equipment was with IOCL. It was erroneously concluded that the payment for such mobilisation/ demobilisation constitutes royalty. In that view of the matter, the consideration for installation cannot not be characterized as FTS and brought within the ambit of Article 12.4(a) of the DTAA. The resultant position is that no part of the income earned by the Petitioner from the contract with IOCL can be taxed in India

Technip Singapore Pte Ltd vs. DIT (Delhi High Court)

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