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Income Tax

Maintenance of stock of goods by the foreign enterprise at the customer’s location for standby use may not give rise to PE

Case Law Details

TaxGuru Citation
2010 taxguru.in 387
Case Name
Airlines Rotables Limited, UK Vs JDIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
1998-99
Courts
ITAT Mumbai
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Facts

  • Airlines Rotables Ltd. (“assessee”) is a company incorporated under the laws of United Kingdom (“UK”). The assessee is engaged in the business of providing spares and component support for aircraft operators.
  • The assessee has entered into an agreement with Jet Airways Limited (“Airline”), for rendering certain support services.
  • As per the terms of the agreement,

– When a part! component of the aircraft is not in a condition to be used, the assessee is required to repair and overhaul the component! part. The repair and overhauling of defective part! components is to be done outside India.

– In addition, the assessee is to provide replacement components on exchange basis till the original components are repaired and overhauled.

– To ensure that the replacement for the defective part! components is readily available, a consignment stock of the replacement parts! components is kept at the warehouse of Airline.

– The consignment stock lying in India would remain the property of the assessee at all times.

Issues before the Tribunal

  • Whether the assessee had a Permanent Establishment (“PE”) in India on account of maintenance of consignment stock of goods at the warehouse of the Airline.

Ruling of the Tribunal

Fixed Place PE

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