1983 (1) TMI 125 - AT - Income Tax

Summary

Issues:
1. Taxability of the sum paid to the assessee-company by Hindusthan Paper Corpn. Ltd.
2. Disallowance of expenses by the Income Tax Officer (ITO).
3. Appeal against the order of the learned Commissioner (Appeals) regarding taxability of fees.
4. Objection to the grossing up of income for tax liability determination.

Detailed Analysis:
1. The main issue in this appeal was whether the sum of Rs. 41,271 paid to the assessee-company by Hindusthan Paper Corpn. Ltd. is assessable to tax in India. The agreement between the non-resident Canadian company and the Indian company involved the provision of technical assistance in India by the Canadian company's engineers. The Income Tax Officer disallowed a portion of the expenses claimed by the assessee, resulting in a grossed-up income of Rs. 6,01,900. The assessee contended that the fees were not taxable as the technical know-how was imparted outside India. However, the learned Commissioner (Appeals) held that the time charges for services rendered in India were taxable, leading to the rejection of the appeal by the Appellate Tribunal.

2. The second issue pertained to the disallowance of expenses by the Income Tax Officer (ITO). The ITO disallowed a portion of the expenses claimed by the assessee, leading to a higher grossed-up income for tax calculation purposes. The assessee's appeal against this disallowance was rejected by the learned Commissioner (Appeals) and subsequently by the Appellate Tribunal.

3. The third issue involved the appeal against the order of the learned Commissioner (Appeals) regarding the taxability of fees. The assessee argued that the time charges were for the services of technicians who were employees of Hindusthan Paper Corpn. Ltd., and therefore not taxable. However, the Appellate Tribunal upheld the taxability of the income, stating that the services were rendered in India by the Canadian company's technicians, and the income accrued from those services.

4. The final issue raised was the objection to the grossing up of income for tax liability determination. The assessee objected to the inclusion of relevant tax paid by the Indian company in the grossed-up income calculation. The Appellate Tribunal, after considering the relevant case law, upheld the grossing up of income for tax liability determination, leading to the rejection of the assessee's appeal.

In conclusion, the Appellate Tribunal upheld the taxability of the sum paid to the assessee-company by Hindusthan Paper Corpn. Ltd. for services rendered in India, rejected the appeal against the disallowance of expenses, affirmed the taxability of fees for services rendered in India, and upheld the grossing up of income for tax liability determination.