Export Commission for Foreign Agents not FTS; TP Adjustments Reconsidered for IT Services, Marketing Support.

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Full Text of the Document

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....The Income Tax Appellate Tribunal held that the export commission paid by the assessee 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). Consequently, no disallowance u/s 40(a)(i) is warranted for non-deduction of tax at source. Regarding transfer pricing adjustments for provision of product development and other IT services, the Tribunal directed the Transfer Pricing Officer (TPO) to include Isummation Technologies Pvt. Ltd., Sagar Soft (India) Ltd., and Yudiz Solution Pvt. Ltd. as comparables and recompute the arm's length price accordingly. For provision of sales and marketing support services, the Tribunal excluded M.........