2022 (9) TMI 1251

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....e and in law, the learned CIT (A) has erred in deleting the addition of Rs.3,75,68,310/- made by the A.O on account of disallowance of extended warranted expenses paid by the assessee without deducting TDS u/s 195 of the I.T. Act, 1961. 3. Briefly, the facts are, the assessee is a resident corporate entity. As stated by the assessing officer, assessee is an exclusive dealer of Bentley Cars in India. For the assessment year under dispute, assessee filed its return of income on 29.09.2016 declaring income of Rs.13,21,71,320. Assessee's case was selected for complete scrutiny, basically, for examining foreign remittances by the assessee. 4. In course of assessment proceedings, the assessing officer called for the details of foreign remit....

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....entley Ltd. He observed, the assessee merely acts as a dependant agent of CCPL for providing extended warranty services. He further observed that assessee merely acts as a conduit and secures orders of extended warranty on behalf of CCPL and assessee's activities are wholly dependant on the non-resident entity. Therefore, he concluded that the assessee is a dependent agent of CCPL, in so far as, it relates to extended warranty contract. Thus, he held that the amount remitted to the CCPL towards extended warranty is taxable in India through the PE and the assessee having failed to deduct tax under Section 195 of the Act, he disallowed the amount of Rs.3,75,68,310. The assessee contested the aforesaid disallowance before learned Commissioner ....

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....lf of CCPL so as to constitute a dependent agent PE in India. 9. From the facts and material on record, it is evident that the extended warranty is an additional feature provided to the customers at their option. There is no compulsion on the customers to buy extended warranty. If some customers agree for extended warranty, the assessee purchases such warranty from CCPL, a Bentley recommended company, the consideration received from the customers towards the extended warranty is remitted to CCPL after retaining a part of it. It is observed, the extended warranties are in the nature of security and assurance to customers against any kind of defect/repair after lapse of original warranty and purely optional in nature. Material on record re....