Supreme Court: Companies Can Face Prosecution Without Individual Officers Being Named  ||  SC: Penalties on Insolvent Developers cannot be Recovered from Homebuyers as CIRP Costs  ||  Allahabad HC: ‘Sar Tan Se Juda’ Hits Sovereignty, Unlike ‘Allahu-Akbar’, ‘Jai Shri Ram’  ||  Kerala High Court: Married Woman Cannot Claim Sex Was Based Solely on Promise of Marriage  ||  Madras High Court Refuses Equal Recitation of Tamil Hymns With Sanskrit at Meenakshi Temple  ||  Delhi HC: Absence of ‘Penetration’ In Child Victim’s Testimony Not Enough to Acquit Rape Accused  ||  J&K High Court: Possession of Allegedly Anti-National Book Cannot Justify Preventive Detention  ||  Delhi High Court: DNA Evidence Proves Sexual Intercourse, Not Consent  ||  Madras High Court Upholds Appointment of District Judges as Tamil Nadu Lokayukta Secretary  ||  Allahabad High Court: IO’s Mere Apprehension Cannot Justify Withholding Seized Items    

ACIT, Ahmedabad vs. Apex Dye Stuff Industries - (Income Tax Appellate Tribunal) (07 Feb 2024)

Payment of foreign commission is not taxable in India

MANU/IB/0043/2024

Direct Taxation

The assessee is a partnership firm engaged in the business of manufacturing and trading of fertilizers, chemical and paints during the year under consideration. The return of income was filed by the assessee for assessment year 2012-13 on 26-07-2012 declaring total income of Rs. 65,14,590. While passing the assessment order under Section 143(3) of the Income Tax Act, 1961 (IT Act) the total income was determined at Rs. 67,46,150 after making the disallowances of expenditure under Section 40(a)(ia) of Rs. 1,19,341 and disallowances of personal expenses of Rs. 1,10,290.

The Assessing Officer made an addition of Rs. 21,22,061 and disallowed the commissions expenses under Section 40(a)(ia) on the ground that, as per clarification made by CBDT vide Circular dated 22-10-2009 for applicability of the provisions of Section 195(2) regarding commission payments to foreign party, the assessee is liable to deduct tax at source on the payment credited in the foreign parties account.Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) allowed the appeal of the assessee.

The contention of the learned Departmental Representative that the assessee is liable to pay/deduct tax at source as per Section 195 appears to be not correct as the CBDT has withdrawn, the circular No. 7 of 2009 dated 22-11-2009.

The CIT(A) has rightly taken the consistent view of the Supreme Court in the light of decision of G. E. India Technology Centre Pvt. Ltd., as the assessee is not liable to deduct tax at source as the payments are not taxable in India. As in the present case, the payment of foreign commission is not taxable in India and therefore Section 195 is not applicable. There is no need to interfere with the findings of the CIT(A). The appeal of the Revenue is dismissed.

Tags : ASSESSMENT   PROVISION   APPLICABILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved