Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Where commission paid to nonresident foreign agents arises from their business of selling Indian goods outside India, such commission is not chargeable to tax in India and therefore no withholding under the law on payments to nonresidents is required; consequence: no deduction obligation arises and a disallowance for failure to deduct cannot be sustained. The Revenue did not controvert non-chargeability and no finding of services rendered in India existed. Reliance on precedent confirming foreign agents' income accrues outside India led to decision for the taxpayer.
Where commission paid to nonresident foreign agents arises from their business of selling Indian goods outside India, such commission is not chargeable to tax in India and therefore no withholding under the law on payments to nonresidents is required; consequence: no deduction obligation arises and a disallowance for failure to deduct cannot be sustained. The Revenue did not controvert non-chargeability and no finding of services rendered in India existed. Reliance on precedent confirming foreign agents' income accrues outside India led to decision for the taxpayer.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
