https://www.taxtmi.com/caselaws?id=445142 The ITAT Mumbai dismissed the Revenue's appeal regarding TDS disallowance under section 40(a)(i) for professional fees paid to foreign entities without tax deduction. The tribunal held that payments to foreign consultants for services not made available to the assessee fall under business income article of DTAA, not fees for technical services. Without permanent establishment in India, such income cannot be taxed at source. Additionally, contributions to KPMG International cooperative were protected under mutuality concept, making them non-taxable. The tribunal relied on judicial precedents and coordinate bench decisions supporting the assessee's position. en-us Mon, 30 Oct 2023 00:00:00 +0530 Tue, 31 Oct 2023 16:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445142 The ITAT Mumbai dismissed the Revenue's appeal regarding TDS disallowance under section 40(a)(i) for professional fees paid to foreign entities without tax deduction. The tribunal held that payments to foreign consultants for services not made available to the assessee fall under business income article of DTAA, not fees for technical services. Without permanent establishment in India, such income cannot be taxed at source. Additionally, contributions to KPMG International cooperative were protected under mutuality concept, making them non-taxable. The tribunal relied on judicial precedents and coordinate bench decisions supporting the assessee's position. Case-Laws Income Tax Mon, 30 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445142