Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
Withholding tax on payments to non-residents arises only where the sum is chargeable to tax in India. The note states that commission and allied payments were made outside India to non-resident recipients for services rendered outside India, with no permanent establishment or business connection in India. The view that commission became taxable merely because the order was executed in India was rejected, and there was no material to treat the payments as fees for technical services. As no income accrued or arose in India, tax deduction at source was not required and disallowance for non-deduction was not warranted; the deletion of the disallowance was upheld.
Withholding tax on payments to non-residents arises only where the sum is chargeable to tax in India. The note states that commission and allied payments were made outside India to non-resident recipients for services rendered outside India, with no permanent establishment or business connection in India. The view that commission became taxable merely because the order was executed in India was rejected, and there was no material to treat the payments as fees for technical services. As no income accrued or arose in India, tax deduction at source was not required and disallowance for non-deduction was not warranted; the deletion of the disallowance was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
