PE case law developments
India
On 22 July 2020, the Supreme Court of India rendered its decision in the case of Director of Income Tax-II (International Taxation) New Delhi & Anr. & M/S Samsung Heavy Industries Co. Ltd (Civil Appeal No. 12183 of 2016). In this case, the taxpayer, a company incorporated in South Korea, was a party to a consortium being awarded a turnkey contract by an Oil and Gas company. The taxpayer set up a project office (PO) in India to act as a “communi…