ASHOK LEYLAND LIMITED,CHENNAI vs. DCIT COMPANY CIRCLE 1 (1), CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the services were rendered outside India by non-residents with no permanent establishment or business connection in India, the income was not taxable in India, and thus, no tax deduction was required.
What were the facts?
The assessee made payments to foreign entities for software and technical services rendered outside India. The Assessing Officer disallowed these expenses for non-deduction of tax at source.
What were the issues?
Whether disallowance under Section 40(a)(i) is justified when services were rendered outside India by non-residents with no PE or business connection in India.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER: These appeals filed by the assessee are directed against the respective orders of the Commissioner of Income Tax (Appeals)-3, Chennai, dated 30.11.2017 for the assessment years 2008-09 and 2009-
Since common issues arise for consideration, we heard all these appeals together and disposing of the same by this common order.
The first common issue arises for consideration is disallowance made by the Assessing Officer under Section 14A of the Income-tax Act, 1961 (in short 'the Act').
We heard Sh. R. Vijayaraghavan, the Ld.counsel for the assessee and Shri R. Clement Ramesh Kumar, the Ld. Departmental Representative. The CIT(Appeals) restricted the disallowance to the extent of income earned by way of dividend. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
The next common issue arises for consideration is disallowance made under Section 40(a)(i) of the Act for non-deduction of tax.
Sh. R. Vijayaraghavan, the Ld.counsel for the assessee, submitted that the assessee made payment to M/s 3i Infotech, Dubai for carrying out some software related work in Dubai. The entire services were rendered in Dubai. M/s 3i Infotech has no permanent establishment or business connection in India. Therefore, according to the Ld. counsel, the payment made to M/s 3i Infotech is not taxable in India and hence, the assessee is not liable for deduction of tax. Similarly, according to the Ld. counsel, the payment to M/s FTZ Corporate Services, Austria was also made in relation to on-shore work in Iran. Therefore, according to the Ld. counsel, there cannot be any disallowance.
On the contrary, Shri R. Clement Ramesh Kumar, the Ld. Departmental Representative submitted that the assessee made payments in foreign currency for technical services, therefore, what was paid by the assessee is for technical services. Hence, according to the Ld. D.R., the assessee is liable to deduct tax.
We have considered the rival submissions on either side and perused the relevant material available on record. It is not in dispute that the non-residents M/s 3i Infotech, Dubai and M/s FTZ Corporate Services, Austria rendered services outside the country. It is not in dispute that both the companies have no permanent establishment in India and they have no business connection in India. In view of the above, the income earned by M/s 3i Infotech, Dubai and M/s FTZ Corporate Services, Austria are not taxable in India, hence, the assessee is not liable to deduct tax. Therefore, we are unable to uphold the orders of the authorities below. Accordingly, orders of both the authorities below are set aside and the disallowance made by the Assessing Officer is deleted.
In the result, all the three appeals filed by the assessee are partly allowed.
Order pronounced in the court on 19th September, 2018 at Chennai.
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