2025 (10) TMI 479 - HC - Income Tax

Freight and logistics receipts not taxable as FTS or FIS under domestic law or India-USA DTAA; tax addition deleted

The Commissioner of Income Tax (International Taxation) -1, New Delhi Versus M/s. Expeditors International of Washington Inc.

The HC upheld the ITAT's finding that amounts received for freight/logistic support services do not constitute fees for technical services or fees for ... Income deemed to accrue or arise in India - Sale of logistic services treating the same as FTS under the Act as well as India-USA DTAA - HELD THAT:- As decided in [2022 (11) TMI 125 - ITAT DELHI] the amount received by the assessee from freight/logistic support services cannot be treated as FTS/FIS either under the Act or under treaty provisions. Accordingly, the addition was deleted. We have been informed that the judgments of the ITAT of those AYs became the subject matter of nine appeals before this Court, which were decided vide common judgment in M/s Expeditors International of Washington Inc [2025 (2) TMI 712 - DELHI HIGH COURT] whereby this Court has not interfered with the orders of the ITAT. ISSUES PRESENTED AND CONSIDERED 1. Whether amounts received for provision of freight/logistic support services constitute fees for technical services (FTS) or fees for included services (FIS) under the Income Tax Act and the India-USA Double Taxation Avoidance Agreement (DTAA). 2. Whether reimbursement of global account management charges constitutes FTS/FIS under the Income Tax Act and the India-USA DTAA. 3. Whether reimbursement of lease-line charges amounts to 'royalty' under the Income Tax Act and the India-USA DTAA. 4. Whether interest levied under sections 234A and 234B of the Income Tax Act consequentially follows any decision on substantive additions. 5. Whether initiation of penalty proceedings under section 270A of the Income Tax Act is premature in the factual matrix. 6. Whether a coordinate-bench/earlier tribunal decisions in the assessee's own case, consistently favourable and factually identical, should be followed in a subsequent assessment year and whether such following gives rise to any substantial question of law. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Characterisation of freight/logistic support receipts as FTS/FIS Legal framework: The determination requires application of the definitions and tests under the Income Tax Act and the India-USA DTAA to ascertain whether amounts are taxable as FTS/FIS; essential enquiry is the nature of services rendered and whether they embody technical/consultancy content attracting source country taxation. Precedent Treatment: Coordinate-bench decisions in the assessee's own case for assessment years 2010-11 through 2020-21 repeatedly held that freight/logistic support receipts are not FTS/FIS and deleted corresponding additions. Interpretation and reasoning: The Tribunal applied stare decisis within the same assessee's litigation history - observing that the issue recurred with no change in facts or law, and that the earlier decisions consistently found the services to be non-FTS/FIS. The Tribunal noted departmental awareness but persistence of contrary treatment for issue preservation, and found no legal or factual basis to depart from the prior consistent view. Ratio vs. Obiter: Ratio - where identical facts and legal position recur in the same assessee's cases, a coordinate bench may follow its earlier consistent holdings and delete additions treated as FTS/FIS. Obiter - commentary that the department kept the issue alive is explanatory. Conclusion: The addition treated as FTS/FIS for freight/logistic services was deleted; Decision in favour of the taxpayer upheld. Issue 2 - Reimbursement of global account management charges: FTS/FIS characterization Legal framework: Same statutory and treaty tests as Issue 1; focus on whether reimbursement represents payment for technical services or merely pass-through/administrative cost recovery. Precedent Treatment: Repeated Tribunal decisions in the assessee's own case (AYs 2010-11 to 2017-18 and later) held such reimbursements not in the nature of FTS/FIS and deleted additions. Interpretation and reasoning: Tribunal concluded facts were identical and prior findings controlling; reimbursement characterized as not carrying the attributes of FTS/FIS. The Tribunal relied on consistency and absence of distinguishing circumstances to follow earlier holdings. Ratio vs. Obiter: Ratio - identical factual matrices permit adherence to earlier co-ordinate bench conclusions that reimbursements are not FTS/FIS. Obiter - observations on the recurring nature of the dispute. Conclusion: Addition on account of global account management charge reimbursements deleted; decision in favour of the taxpayer. Issue 3 - Lease-line charge reimbursements: Characterisation as royalty Legal framework: Analysis under the Income Tax Act and the India-USA DTAA requires determining whether lease-line payments fall within statutory/treaty definition of 'royalty' (i.e., consideration for use of, or right to use, intellectual property or other enumerated rights) or are mere service/expense reimbursements. Precedent Treatment: Tribunal in the assessee's own case (various AYs) held lease-line charges not to be royalty; assessing officer had taken an opposite view leading to section 40(a)(i) disallowance in payer's case, but High Court in the payer's case held the payment was not royalty. Interpretation and reasoning: The Tribunal relied on its own consistent prior rulings and the High Court's decision in the payer's matter to conclude that the payments were not royalty; therefore disallowance and additions could not be sustained. The combined effect of tribunal and High Court findings in related proceedings informed the conclusion. Ratio vs. Obiter: Ratio - lease-line charge reimbursements, on the facts before the Tribunal, do not constitute royalty; prior tribunal findings and a High Court decision in a related payer's matter are determinative. Obiter - procedural observations regarding section 40(a)(i) treatment in the payer's assessment. Conclusion: Addition characterised as royalty deleted; decision in favour of the taxpayer. Issue 4 - Interest under sections 234A and 234B Legal framework: Interest liability under sections 234A/234B arises as a consequential statutory consequence where tax is found payable due to assessment additions. Precedent Treatment: Treated as consequential and dependent upon substantive additions. Interpretation and reasoning: As the substantive additions (grounds 2-4) were deleted, interest levies under sections 234A and 234B followed as consequential issues; no separate contestation required in view of the substantive disposals. Ratio vs. Obiter: Ratio - interest under sections 234A/234B is consequential and must be adjudicated only if the substantive tax liability is sustained. Obiter - none significant. Conclusion: Interest grounds treated as consequential to the substantive deletions. Issue 5 - Initiation of penalty proceedings under section 270A Legal framework: Section 270A imposes penalty for under-reporting/misreporting; initiation and adjudication require a mature record and are not to be decided prematurely. Precedent Treatment: Tribunal regarded initiation of penalty proceedings as premature where substantive issues remain under adjudication. Interpretation and reasoning: Tribunal held penalty proceedings premature and did not adjudicate them; the Court accepted that view as appropriate in the circumstances where substantive issues had been resolved in favour of the assessee. Ratio vs. Obiter: Ratio - penalty proceedings under section 270A may be held premature pending final adjudication of substantive tax issues. Obiter - none significant. Conclusion: Penalty issue left undecided as premature. Issue 6 - Effect of consistent coordinate-bench findings in assessee's own case and existence of substantial question of law Legal framework: Appellate courts examine whether a matter raises a substantial question of law warranting interference; consistent tribunal decisions in the same factual matrix are persuasive and, absent change in law or facts or binding contrary precedent, normally followed. Precedent Treatment: The Tribunal followed a line of consistent decisions in the assessee's own case; those tribunal orders were subject of multiple appeals to the High Court, which in a common judgment did not interfere with the tribunal outcomes. Interpretation and reasoning: The Court observed no change in facts or law, no binding contrary precedent was placed before it, and the Revenue did not meaningfully contest the Tribunal's reliance on its own earlier orders. Given the High Court's prior common judgment declining interference with the co-ordinate bench rulings, the present appeal did not raise any substantial question of law. Ratio vs. Obiter: Ratio - where factual and legal positions are identical and a line of tribunal decisions in the same assessee's litigation history is unbroken and unimpeached by higher court authority, subsequent tribunals and courts may (and should) follow those decisions; absence of any binding contrary authority means no substantial question of law arises. Obiter - commentary on departmental tactic to keep issues alive. Conclusion: As the Tribunal correctly followed its consistent prior decisions and there was no substantial question of law, the appeal was dismissed. Cross-reference: Issues 1-3 resolved by application of the coordinate-bench doctrine described above; Issues 4-5 are consequential/premature accordingly.