How would the profit would be shared is not decided yet? C. The tax treatment of the Permanent Establishment in such a case is under consideration B. The nonresident entity or foreign company will be liable to tax in India only if the IT -enabled BPO unit in India constitutes its Permanent Establishment. Such entities are either branches or associated enterprises of the foreign enterprise or an independent India enterprise. ……………During the last decade or so, India has seen a steady growth of outsourcing of business processes by non residents or foreign companies to IT -enabled entities in India. In such a case, the resident Indian entity could be treated as Permanent Establishment of the nonresident entity. However, it is possible that the non -resident entity may have a business connection with the resident Indian entity.
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