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    <title>2022 (12) TMI 845 - ITAT AHMEDABAD</title>
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    <description>Advances received against proposed sale of plots and villas were treated as contingent deposits, not taxable business income, because project approval was obtained only after the year end, allotment letters made the receipts conditional on approval, and title had not passed during the year. Commission paid to non-resident overseas agents for marketing services was held not subject to tax deduction at source where there was no material showing a permanent establishment in India or services rendered in India, and the income was not chargeable in India. The additions and disallowance were deleted, and the assessee&#039;s appeal succeeded.</description>
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      <description>Advances received against proposed sale of plots and villas were treated as contingent deposits, not taxable business income, because project approval was obtained only after the year end, allotment letters made the receipts conditional on approval, and title had not passed during the year. Commission paid to non-resident overseas agents for marketing services was held not subject to tax deduction at source where there was no material showing a permanent establishment in India or services rendered in India, and the income was not chargeable in India. The additions and disallowance were deleted, and the assessee&#039;s appeal succeeded.</description>
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