2001 (4) TMI 65 - HC - Income Tax

Summary

Issues Involved:
The appeal challenges the order of the Income-tax Appellate Tribunal regarding the tax liability on payments made by an Indian company to a non-resident company for engineering and personnel services.

Facts and Judgment:
The appellant, a non-resident company based in Norway, entered into a contract with an Indian company for establishing a sub-merged arc furnace. The Indian company deducted tax before remitting the payment to the appellant. The appellant claimed that the payment for engineering and personnel services was not taxable in India due to the Double Taxation Avoidance Agreement. However, the Assessing Officer held the amount as taxable under section 143(3). The Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal upheld the assessment.

Legal Analysis:
Section 9(1)(vii) of the Income-tax Act deals with income by way of fees for technical services. The Explanation 2 to this section defines "fees for technical services" and excludes consideration for construction or assembly projects. The court emphasized that fees paid for services utilized in India, regardless of where the services were rendered, are deemed to accrue or arise in India. Previous cases supported this interpretation, where payments for technical services were taxable even if the services were rendered abroad.

Conclusion:
The court dismissed the appeal, stating that the payments made by the Indian company to the non-resident company for engineering and personnel services were taxable in India. The court found no merit in the appellant's argument that the payments were for equipment purchase and project construction, exempt from taxation under section 9(1)(vii). The appeal was rejected without costs, as it did not raise any substantial legal questions.