Samsung India Not Permanent Establishment of Samsung Korea: Delhi HC

PCIT Vs  Samsung Electronics Co. Ltd. (Delhi High Court) The Delhi High Court ruled that Samsung India Electronics Pvt. Ltd. (SIEL), a wholly owned subsidiary of Samsung Electronics Co., Korea, does not qualify as a ‘Permanent Establishment’ (PE) of its parent company in India under the India-Korea Double Tax Avoidance Agreement (DTAA). Consequently, Samsung Korea cannot be taxed in India for the business activities carried out by SIEL. This decision was rendered by a bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar, which upheld the findings of the Income Tax Appe...