https://www.taxtmi.com/caselaws?id=436080 A distributor acting in its own name and on its own account, without authority to bind the foreign enterprise, does not constitute a dependent agent permanent establishment. On that basis, no withholding obligation arose on the distribution fee, so disallowance under section 40(a)(i) could not be sustained, and no further profits could be attributed on the AdWords receipts. The books of account also could not be rejected merely to recast revenue presentation where the accounts already reflected the gross receipts, remittance, and net profit from the transactions. The additions and disallowance were therefore set aside. en-us Fri, 31 Mar 2023 00:00:00 +0530 Mon, 10 Jun 2024 17:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436080 A distributor acting in its own name and on its own account, without authority to bind the foreign enterprise, does not constitute a dependent agent permanent establishment. On that basis, no withholding obligation arose on the distribution fee, so disallowance under section 40(a)(i) could not be sustained, and no further profits could be attributed on the AdWords receipts. The books of account also could not be rejected merely to recast revenue presentation where the accounts already reflected the gross receipts, remittance, and net profit from the transactions. The additions and disallowance were therefore set aside. Case-Laws Income Tax Fri, 31 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436080