Offshore supply

Dongfang Electric Corporation v DDIT (I.T.A. No.: 833/Kol/2011) Kolkata ITAT Background: The Assessee, a Chinese company, had entered into contracts with Indian entities for setting up of turnkey thermal power projects. Each of these contracts were divided into two parts – one for supply of equipment and materials of thermal power plant and second for erection and services of units of main plant along with some common facilities.The Assessee had a project office in India which constituted a permanent establishment (PE) for the assessee in India under the India-China DTAA. The consideration receivable by the assessee was separately provided in respect of (i) offshore supply of equipment, spare parts and tools outside India (offshore supply) and (ii) for local supply, design, engineering, construction, erection, installation, testing and commissioning of thermal power units (onshore activities).

Taxation of composite contracts including offshore supply of equipments – Kolkata ITAT