https://www.taxtmi.com/caselaws?id=760264 Sales commission paid to a foreign associated enterprise for sales and marketing services was treated as non-technical, non-managerial and non-consultancy work; because the treaty make available test under Article 12 of the India-USA DTAA was not met, the remittance was not fees for technical services and no tax was deductible under section 195, so disallowance under section 40(a)(i) failed. ESOP discount was also held deductible as a business expenditure under section 37(1), since it represented an ascertained liability arising over the vesting period and was incurred to secure employee services. en-us Tue, 15 Oct 2024 00:00:00 +0530 Thu, 17 Oct 2024 13:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760264 Sales commission paid to a foreign associated enterprise for sales and marketing services was treated as non-technical, non-managerial and non-consultancy work; because the treaty make available test under Article 12 of the India-USA DTAA was not met, the remittance was not fees for technical services and no tax was deductible under section 195, so disallowance under section 40(a)(i) failed. ESOP discount was also held deductible as a business expenditure under section 37(1), since it represented an ascertained liability arising over the vesting period and was incurred to secure employee services. Case-Laws Income Tax Tue, 15 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760264