2023 (3) TMI 609

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sment years 2013-14 and 2014-15 respectively. 2. The assessee has raised the following substantive common grounds of appeal (except for the amounts):- DISALLOWANCE OF CHARGEABLE SUM PAID TO A FOREIGN COMPANY WITHOUT DEDUCTION OF TAX "1. That the learned CIT (A) has erred in upholding the disallowance, under clause (i) of s. 40(a) of the Act, of business expenditure being the race-promotion fee paid by the appellant-assessee to Formula One World Championship Ltd of UK ("FOWC") without deduction of tax. The disallowance upheld is to the extent of the chargeable sum, comprised within the race-promotion fee, attributable to the PE of FOWC in India. 2. That in upholding the above disallowance the learned CIT (Appeals) has not appreciate....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....emed to be an assessee in default in terms of the first proviso to s. 201(1) of the Act. d) Therefore the appellant-assessee was entitled to be deemed as having deducted and paid the tax on the said lease rent in terms of the second proviso to clause (ia) of s. 40(a) of the Act." 3. The short question arising for consideration in the above appeals for the Assessment Year 2012-13, 2013-14 & 2014-15 is regarding disallowance under Clause (i) of Section 40 (a) in respect of RPC fees paid to Formula One World Championship Ltd. to UK without deducting the tax. It is the specific case of the assessee is that no disallowance could be me made on RPC fees since the payee Formula One World Championship Ltd. had already been assessed on relevant ....