Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
The liability of income from non India point of sale transactions was left undecided pending appellate adjudication, and no finding on their tax exigibility is recorded. Revenue attributable to the India permanent establishment is affirmed at 15% of total commission based on FAR analysis, and that 15% is treated as revenue (not an expenditure cap); consequently the full distribution agent commission (68%) is deductible against that attributed revenue, producing negative taxable income in the present facts. The impugned certificate is set aside and the competent authority is directed to issue a fresh withholding certificate fixing tax deduction at 0.5%.
The liability of income from non India point of sale transactions was left undecided pending appellate adjudication, and no finding on their tax exigibility is recorded. Revenue attributable to the India permanent establishment is affirmed at 15% of total commission based on FAR analysis, and that 15% is treated as revenue (not an expenditure cap); consequently the full distribution agent commission (68%) is deductible against that attributed revenue, producing negative taxable income in the present facts. The impugned certificate is set aside and the competent authority is directed to issue a fresh withholding certificate fixing tax deduction at 0.5%.
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