https://www.taxtmi.com/caselaws?id=757370 ITAT Mumbai upheld CIT(A)'s decision deleting disallowances under Section 40(a)(i) for non-deduction of TDS on professional fees paid to non-residents. The tribunal held that professional fees paid to tax residents of UK, Australia, and other countries constituted business profits/independent personal services under respective DTAAs, and without permanent establishment or fixed base in India, were not taxable in India, thus no TDS obligation existed. The tribunal also confirmed deletion of ad-hoc disallowance of 25% advertisement expenses and foreign exchange fluctuation losses as consequential. en-us Mon, 12 Aug 2024 00:00:00 +0530 Tue, 27 Aug 2024 21:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757370 ITAT Mumbai upheld CIT(A)'s decision deleting disallowances under Section 40(a)(i) for non-deduction of TDS on professional fees paid to non-residents. The tribunal held that professional fees paid to tax residents of UK, Australia, and other countries constituted business profits/independent personal services under respective DTAAs, and without permanent establishment or fixed base in India, were not taxable in India, thus no TDS obligation existed. The tribunal also confirmed deletion of ad-hoc disallowance of 25% advertisement expenses and foreign exchange fluctuation losses as consequential. Case-Laws Income Tax Mon, 12 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757370