https://www.taxtmi.com/caselaws?id=759755 The ITAT allowed the appeal, overturning the NFAC's orders for AYs 2010-11 and 2013-14 regarding the disallowance of commission paid to foreign agents. The bench concluded that the commission income did not accrue or arise in India, as the agents had no permanent establishment in India. Consequently, section 195 of the Income Tax Act, 1961, was deemed inapplicable, and the assessee was not obligated to deduct TDS. The ITAT emphasized that the absence of a permanent establishment or service provision in India by the foreign agents meant no tax liability, thus ruling in favor of the assessee. en-us Thu, 26 Sep 2024 00:00:00 +0530 Tue, 08 Oct 2024 07:36:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759755 The ITAT allowed the appeal, overturning the NFAC's orders for AYs 2010-11 and 2013-14 regarding the disallowance of commission paid to foreign agents. The bench concluded that the commission income did not accrue or arise in India, as the agents had no permanent establishment in India. Consequently, section 195 of the Income Tax Act, 1961, was deemed inapplicable, and the assessee was not obligated to deduct TDS. The ITAT emphasized that the absence of a permanent establishment or service provision in India by the foreign agents meant no tax liability, thus ruling in favor of the assessee. Case-Laws Income Tax Thu, 26 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759755