https://www.taxtmi.com/caselaws?id=763394 ITAT Mumbai held that export commission paid to foreign agents in Korea and Indonesia for sales, marketing and customer support services rendered outside India cannot be treated as fees for technical services (FTS) under DTAA provisions. The tribunal rejected the AO's disallowance under section 40(a)(i) for non-deduction of TDS, following its earlier decision for AY 2013-14. Regarding transfer pricing adjustments, the tribunal directed inclusion of three companies (Isummation Technologies, Sagar Soft India, Yudiz Solution) as comparables for IT services, finding TPO's exclusion based solely on website information insufficient. For sales and marketing services, Majestic Research Services was excluded as functionally dissimilar due to its high-end research activities. The tribunal remitted issues regarding revised return consideration and tax credits to AO pending CBDT's condonation of delay. en-us Tue, 16 Jul 2024 00:00:00 +0530 Mon, 03 Mar 2025 17:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763394 ITAT Mumbai held that export commission paid to foreign agents in Korea and Indonesia for sales, marketing and customer support services rendered outside India cannot be treated as fees for technical services (FTS) under DTAA provisions. The tribunal rejected the AO's disallowance under section 40(a)(i) for non-deduction of TDS, following its earlier decision for AY 2013-14. Regarding transfer pricing adjustments, the tribunal directed inclusion of three companies (Isummation Technologies, Sagar Soft India, Yudiz Solution) as comparables for IT services, finding TPO's exclusion based solely on website information insufficient. For sales and marketing services, Majestic Research Services was excluded as functionally dissimilar due to its high-end research activities. The tribunal remitted issues regarding revised return consideration and tax credits to AO pending CBDT's condonation of delay. Case-Laws Income Tax Tue, 16 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763394