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14 October 2025 | Legal Milestones
Megha Agarwal and Shaily Gupta discuss the Supreme Court’s landmark Hyatt International ruling and its impact on Permanent Establishment exposure in India. The case arose when Hyatt, through its UAE tax resident entity, entered into Strategic Oversight Services Agreements with an Indian hotel owner. Indian tax authorities argued this created a Permanent Establishment, upheld by the Income Tax Appellate Tribunal and Delhi High Court. The Supreme Court confirmed Hyatt had a fixed place PE in India due to sustained employee visits and substantive operational control over day-to-day hotel operations.
The Court clarified that profits attributable to the PE must be taxed as if it were an independent entity, making Hyatt liable even if the foreign enterprise reported overall losses. Megha and Shaily explore how the ruling extends beyond hospitality, affecting sectors such as apparel, electronics, quick-service restaurants, and any foreign brand owner exercising operational control in India.
The discussion highlights the importance of reviewing contracts, defining operational boundaries, documenting employee visits, and establishing strong compliance frameworks. The ruling underscores that substance prevails over form and urges multinational companies to reassess their India operations to manage tax risk effectively.