Important development from the Hon’ble Supreme Court concerning Permanent Establishment (PE) under the India–UAE DTAA
This is to share an important development from the Hon’ble Supreme Court concerning Permanent Establishment (PE) under the India–UAE DTAA. Summary of the Ruling • Case: Hyatt International Southwest Asia Ltd. v. ADIT (Case law attached for your reference) • Date: 24 July 2025 • Key Outcome: The Supreme Court held that a UAE-resident hotel management company had a fixed-place PE in India under Article 5(1) of the India–UAE DTAA because the hotel premises were effectively at its disposal through long-term strategic/operational control exercised under the management/oversight agreements. • Tax Consequence: Business profits attributable to that PE are taxable in India under Article 7. ...
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