WHETHER TDS TO BE DEDUCTED ON COMMISSION PAID OUTSIDE INDIA WHEN AGENTS DO NOT HAVE PE IN INDIA? скачать в хорошем качестве

WHETHER TDS TO BE DEDUCTED ON COMMISSION PAID OUTSIDE INDIA WHEN AGENTS DO NOT HAVE PE IN INDIA?

Link of full case : https://taxlawsonline.com/agtlol.html... [2024] 111 ITR (Trib) (S.N.) 7 (Mum) [BEFORE THE INCOME-TAX APPELLATE TRIBUNAL — MUMBAI "C" BENCH] DEPUTY COMMISSIONER OF INCOME-TAX v. CREATIONS BY SHANAGAR ABY T. VARKEY (Judicial Member) and S. RIFAUR RAHMAN (Accountant Member) February 29, 2024. Playlist: Commission¸ 40(a)(i) A.Y: 2016-17|Assessee Question: WHETHER TDS TO BE DEDUCTED ON COMMISSION PAID OUTSIDE INDIA WHEN AGENTS DO NOT HAVE PE IN INDIA? 1. The assessee manufactured and exported embroidered fabrics and allied products. 2. The assessee received export orders from agents stationed outside India, exported its products, and for the services of the agents, the assessee paid them commission. 3. For the A.Y. 16-17 commission paid to 4 agents without deduction of TDS of Rs. 1.61 crores. 4. A.O. disallowed commission payments paid to the non-resident, since no tax was deducted thereon. 5. CIT(A) deleted the addition relying on the decision of the Tribunal in the assessee’s own case. 6. On appeal Tribunal held that: There was no dispute that the services for which commission was paid by the assessee were rendered by non-resident agents outside India for procuring export orders from customers outside India. 7. The payments were made outside India and the non-residents did not have any geographical or permanent establishment in India. 8. DTAA existed with the countries of residents of the non-resident Italy, France, Greece and Lebanon. 9. The assessee fixed the percentage of commission to the agent at FOB Value of the invoice and foreign currency after the full payment was received from the foreign customers. 10. The order of commissioner appeals was upheld. #CreationsByShanagar #29February2024 #Commission #Section40_a_i #IncomeTaxNotices #IncomeTaxCases #incometaxcasesanalysis #IncomeTaxLaw #advocateamitkumargupta #9811291390(Call only after taking time on whatsApp) #amitkrg246@gmail.com #amitkrg246@yahoo.com Link for some important videos: 1) WHETHER TRIBUNAL CAN REMAND MATTER IN ENTIRETY WHERE DEPARTMENT DID NOT FILE CROSS APPEALS?- https://www.youtube.com/watch?v=gkqMk... 2) WHETHER ASSESSEE HAS ALSO TO CHALLENGE THE FINDINGS OF THE A.O THAT NOTICE HAS BEEN SERVED?- https://www.youtube.com/watch?v=XbZWh... 3) WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48?- https://www.youtube.com/watch?v=WuRt9... 4) WHETHER NOTICE SENT TO SECONDARY EMAIL IS VALID IF NOT SENT TO PRIMARY E-MAIL U/S 148?- https://www.youtube.com/watch?v=aAzHE... 5) WHETHER ENTRIES IN BOOKS OF ACCOUNTS CONCLUSIVE TO DETERMINE TAXABLE INCOME OF ASSESSEE?- https://www.youtube.com/watch?v=Rx8JQ...