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ITAT upheld that the reopening of reassessment under s.147 was invalid because it relied on an addition treating management charges paid to foreign principals as FTS under Article 13 of the India-UK DTAA, an addition that had been deleted by the first appellate authority in the earlier assessment year and attained finality. The Tribunal found the foundational basis for reassessment absent and noted consistent appellate findings that such management charges do not constitute FTS and therefore payers had no obligation to deduct tax at source; consequential disallowance under s.40(a)(ia) was deleted. The assessee's appeal was allowed and the reassessment held unsustainable.
ITAT upheld that the reopening of reassessment under s.147 was invalid because it relied on an addition treating management charges paid to foreign principals as FTS under Article 13 of the India-UK DTAA, an addition that had been deleted by the first appellate authority in the earlier assessment year and attained finality. The Tribunal found the foundational basis for reassessment absent and noted consistent appellate findings that such management charges do not constitute FTS and therefore payers had no obligation to deduct tax at source; consequential disallowance under s.40(a)(ia) was deleted. The assessee's appeal was allowed and the reassessment held unsustainable.
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