2024 (11) TMI 1196 - AT - Income Tax

Japanese company's arbitral award compensation ruled as business income, not taxable under India-Japan Tax Treaty Article 7

Fujitsu Ltd. Versus ACIT, Circle-1 (3) (1), International Taxation, New Delhi

Fujitsu Ltd. Versus ACIT, Circle-1 (3) (1), International Taxation, New Delhi - TMI Issues Involved:1. Taxability of the principal portion of the compensation received from an arbitral award.2. Taxability of interest received on the compensation from the arbitral award.3. Double deduction of tax at source on the interest portion.4. Initiation of penalty proceedings under Section 270A of the Income-tax Act.Issue-wise Detailed Analysis:1. Taxability of the Principal Portion of the Compensation:The primary issue was the taxability of the principal portion of the compensation amounting to Rs 32,97,07,175/- received by the assessee from an arbitral award. The assessee, a tax resident of Japan, argued that this amount should be treated as business income and not taxable in India due to the absence of a Permanent Establishment (PE) in India, as per Article 7 of the India-Japan Double Taxation Avoidance Agreement (DTAA). The arbitral award arose from a contractual obligation related to the supply of equipment to Mahanagar Telephone Nigam Limited (MTNL). The Tribunal found that the compensation was indeed a business income, as it stemmed from the non-payment of dues for offshore supplies made by the assessee. Therefore, in the absence of a PE in India, the compensation was not taxable in India under the DTAA.2. Taxability of Interest on the Compensation:The assessee also received interest of Rs 2,80,03,480/- on the compensation, which was initially offered to tax. However, the Tribunal, citing the Supreme Court's decision in CIT vs. Govinda Choudhary & Sons, held that such interest should be treated as business income as it was attributable and incidental to the business carried on by the assessee. Consequently, in the absence of a PE in India, this interest was also not taxable in India under Article 7 of the India-Japan DTAA.3. Double Deduction of Tax at Source:The assessee highlighted that the interest portion had suffered double tax deduction at source. Initially, UCO Bank deducted tax on the interest under Section 194A, and subsequently, Mizuho Bank was directed to deduct tax on the entire compensation amount, including the interest. The Tribunal acknowledged this double deduction and directed the Assessing Officer to delete the addition of Rs 2,80,03,480/- from the total income, recognizing the double taxation issue.4. Initiation of Penalty Proceedings:The assessee challenged the initiation of penalty proceedings under Section 270A of the Act. Since the Tribunal directed the deletion of the entire additions made by the Assessing Officer, the penalty proceedings were deemed unsustainable. Consequently, the Tribunal allowed this ground of appeal.Conclusion:The Tribunal concluded that the entire compensation received by the assessee, including the interest, should be treated as business income and not taxable in India due to the absence of a PE. The Tribunal also addressed the issue of double deduction and directed the deletion of the interest amount from the total income. The appeal was partly allowed, with directions to delete the additions and cancel the penalty proceedings.