https://www.taxtmi.com/caselaws?id=304824 Payments by an advertising agency to Facebook Ireland Limited for hosting and displaying online advertisements were treated as non-taxable in India because the agency acted only as an intermediary and acquired no right to use equipment, copyright, process, or any portal of the non-resident. Book entries were held not conclusive of the true character of the transaction, and the complexity of the platform did not establish royalty. In the absence of a dependent agent, permanent establishment, or other taxable nexus, withholding was not required and disallowance under section 40(a)(i) was held unsustainable. en-us Thu, 07 Jul 2022 00:00:00 +0530 Mon, 09 Jan 2023 15:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304824 Payments by an advertising agency to Facebook Ireland Limited for hosting and displaying online advertisements were treated as non-taxable in India because the agency acted only as an intermediary and acquired no right to use equipment, copyright, process, or any portal of the non-resident. Book entries were held not conclusive of the true character of the transaction, and the complexity of the platform did not establish royalty. In the absence of a dependent agent, permanent establishment, or other taxable nexus, withholding was not required and disallowance under section 40(a)(i) was held unsustainable. Case-Laws Income Tax Thu, 07 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304824