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2015 (10) TMI 466 - AT - Income TaxWithholding of taxes u/s 195 - payments made by the assessee to non-resident for purchase of new designs of furniture - whether CIT(A) erred holding no withholding of tax being transfer of special knowledge and in ignoring the fact that Circular No. 786 dated 07/2/2000 has been withdrawn with retrospective effect by circular No. 7/2009 dated 22/10/2009? - Held that:- The assessee exported granite to USA and paid commission of ₹ 85,21,582/- on export sale made to M/s Amshum & Ash, USA and also paid ₹ 12,61,181/- towards advertisement charges to M/s BNP Media USA for advertisement of its product in an international monthly magazine “Stone World” printed and published in USA. The recipient of commission rendered services outside the India and claimed as business income. The recipient of commission is non-resident and had no permanent establishment in India. No income had accrued or arisen to the non-resident U/s 9 of the Act in the India. We upheld the order of the learned CIT(A) and held that no TDS U/s 195 of the Act is liable to be deducted. - Decided against assessee.
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