Mere provision of a dredger on dry lease for carrying out dredging activity in India does not result in the taxpayer having a PE as per the India-Neth

Court: Mumbai bench of the Income Tax Appellate Tribunal Citation: DDIT Vs. Nederlandsche Overzee Baggermaatschappiji B.V. Brief: Recently, the Mumbai bench of the Income Tax Appellate Tribunal (the Tribunal) in the held that mere provision of a dredger on dry lease for carrying out dredging activity in India does not result in the taxpayer having a Permanent Establishment (PE) as per the India- Netherlands tax treaty (tax treaty). Further, the Tribunal relied on OECD commentary which states that to form a PE, there should be existence of fixed place of business i.e. it must be establish a d...