Chartered Accountants◆Practising since 2016

III. Direct & Indirect Tax

Income tax, GST and transfer pricing for a project office

A project office is usually a permanent establishment from the day work starts on site, so its profit is taxed in India. Most of the tax outcome, though, is fixed earlier: by how the contract splits offshore supplies, onshore supplies and services, and by how much tax the Indian client withholds from each payment.

Tax status
Foreign company · usually a PE
Key document
The contract
Withholding
Lower deduction certificate
GST
State-wise registration

§ 1

Structuring the contract for tax

Where title to offshore equipment passes outside India and payment is made outside India, the income from that supply is generally not taxed in India even if the foreign company has a project office. Onshore supplies, installation and services performed in India are taxed as profits of the permanent establishment.

GST applies to supplies made in India, often as a composite works contract. The project office registers in each state where it supplies and charges GST to the client, claiming credit on local purchases. Imports of equipment attract customs duty and IGST, which the right registration lets the office credit.

§ 2

The law that applies

Income-tax Act, 2025 and tax treatiesPE, attribution of profit, withholding on contract payments and lower deduction certificates.
CGST, IGST and State GST ActsWorks contracts, state registrations and input tax credit.
Customs Act, 1962Import of project equipment, project import regulations where applicable.

§ 3

Issues and how we solve them

The problems that most often hold up or complicate this work, and how we deal with each.

  1. Issue 1

    The client deducts tax on the full contract value, including offshore supplies.

    Our approach

    We support the split with contract clauses and evidence, and apply for a lower deduction certificate based on projected Indian profit.

  2. Issue 2

    GST is not registered in every state where work is done.

    Our approach

    We map the project sites and supplies, register in the right states and set up invoicing and credit tracking per registration.

§ 4

Process and timeline

  1. 1

    Pre-bid

    Before signing

    Tax review of the contract structure and pricing.

  2. 2

    Mobilisation

    Weeks 1–4

    PAN, TAN, GST registrations and lower deduction certificate.

  3. 3

    Execution

    Monthly

    Monthly GST and TDS, advance tax.

  4. 4

    Annual and closure

    Annually · completion

    Tax audit, transfer pricing, return and final assessment.

§ 5

Our scope of work

Included

  • Contract tax review
  • Registrations
  • Lower deduction certificate
  • Monthly GST and TDS
  • Transfer pricing
  • Returns and assessments

§ 6

Questions

Is every project office a permanent establishment?

Most are, because they involve a fixed place or a site in India. Treaties set time thresholds for construction or installation PEs, so a short project may fall outside, depending on the treaty.

Can the project office claim GST credit on imported equipment?

IGST paid on import can be claimed as input tax credit by the registered project office, subject to the normal conditions.

Prepared by CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375, SU and Company · Last reviewed 4 November 2026. General information only, based on the law as it stood on that date; it is not advice for any particular case.

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