
Case Law Analysis
|Income Tax Appellate Tribunal
Fixed Place PE Not Established by Temporary Access for Installation | India-Canada DTAA: ITAT Delhi
ITAT Delhi ruled that temporary access to client premises solely for installing theatre systems does not create a fixed place permanent establishment under the India-Canada DTAA, even if activities span over 120 days. This clarifies that physical presence alone, without control or disposal rights over the space, is insufficient to trigger taxation in India - a critical guidance for foreign tech and service providers operating in India under tax treaties.