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“withholding tax”

TDS / TCSSection 195Section 195663 judgments

The decision most relied on for withholding tax is Engineering Analysis Centre of Excellence (P) Ltd. v. CIT (432 ITR 471), cited in 914 judgments on BharatTax.

Leading authorities on withholding tax

Engineering Analysis Centre of Excellence (P) Ltd. v. CIT
432 ITR 471 · 2021 · Supreme Court
914
citing judgments

Payments for the supply or use of computer software, where there is no transfer of copyright but only a right to use the copyrighted product, are generally considered business profits and not 'royalty' or 'fees for technical services' under the Income Tax Act, 1961 or relevant DTAAs. This principle also applies to transponder fees, which are not taxable as royalty.

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

CIT v. De Beers India Minerals (P.) Ltd.
346 ITR 467 · 2012 · High Court
371
citing judgments

For fees for technical or consultancy services to 'make available' technical knowledge or know-how under a DTAA, the service must transmit such knowledge, allowing the recipient to derive an enduring benefit and utilize it independently in the future.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

CIT v. Siemens Aktiongesellschaft
310 ITR 320 · 2009 · High Court
259
citing judgments

Reimbursements of actual expenses without any profit element are not taxable income. Additionally, mere amendments to the Income-tax Act do not override the provisions of Double Taxation Avoidance Agreements (DTAAs).

Transmission Corporation of Andhra Pradesh v. CIT
239 ITR 587 · 1999 · Supreme Court
243
citing judgments

The Supreme Court lays down principles for deducting tax at source (TDS) under Section 195 on payments to non-residents, including aspects of income deemed taxable in India and the application of Double Taxation Avoidance Agreements (DTAAs) under Section 90.

CIT v. Eli Lily & Co.
312 ITR 225 · 2009 · Supreme Court
221
citing judgments

Section 195 of the Income Tax Act, which mandates tax withholding on payments to non-residents, applies only to sums that are otherwise chargeable to tax under the Act. Tax withholding provisions are not charging provisions.

Judgments citing withholding tax

Anjappan Rangasamy, Chennai vs. DCIT, Central Circle -1 (3), Chennai

Appeals stand allowed in terms of our above order

ITA 302/CHNY/2024[2014-15]Status: DisposedITAT Chennai06 Aug 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकर अपील सं./ Ita No.301/Chny/2024 (िनधा(रणवष( / Assessment Year: 2013-14) & 2. आयकर अपील सं./ Ita No.302 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2014-15) & 3. आयकर अपील सं./ Ita No.303/Chny/2024 (िनधा(रणवष( / Assessment Year: 2015-16) & 4. आयकर अपील सं./ Ita No.304 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2016-17) & 5. आयकर अपील सं./ Ita No.305/Chny/2024 (िनधा(रणवष( / Assessment Year: 2017-18) & 6. आयकर अपील सं./ Ita No.306 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2018-19) & 7. आयकर अपील सं./ Ita No.307 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2019-20) & 8. आयकर अपील सं./ Ita No.316/Chny/2024 (िनधा(रणवष( / Assessment Year: 2013-14) & 9. आयकर अपील सं./ Ita No.317/Chny/2024 (िनधा(रणवष( / Assessment Year: 2014-15)

For Appellant: Shri R.Venkata Raman (CA) - Ld. ARFor Respondent: Shri Nilay Baran Som (CIT) - Ld. Sr.DR
Section 132Section 153ASection 24Section 54Section 80CSection 90A

Income-tax Act, 1961, amounting to Rs.73,72,048/- 6. That the Ld. CIT(A) was erred in not allowing the withholding tax credit u/s. 90A of the Income Tax Act, 1961, amounting to Rs.9,19,124/-. As is evident, the issues that fall for our consideration are – (i) Disallowance

Anjappan Rangasamy, Chennai vs. DCIT, Chennai

Appeals stand allowed in terms of our above order

ITA 301/CHNY/2024[2013-14]Status: DisposedITAT Chennai06 Aug 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकर अपील सं./ Ita No.301/Chny/2024 (िनधा(रणवष( / Assessment Year: 2013-14) & 2. आयकर अपील सं./ Ita No.302 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2014-15) & 3. आयकर अपील सं./ Ita No.303/Chny/2024 (िनधा(रणवष( / Assessment Year: 2015-16) & 4. आयकर अपील सं./ Ita No.304 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2016-17) & 5. आयकर अपील सं./ Ita No.305/Chny/2024 (िनधा(रणवष( / Assessment Year: 2017-18) & 6. आयकर अपील सं./ Ita No.306 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2018-19) & 7. आयकर अपील सं./ Ita No.307 /Chny/2024 (िनधा(रणवष( / Assessment Year: 2019-20) & 8. आयकर अपील सं./ Ita No.316/Chny/2024 (िनधा(रणवष( / Assessment Year: 2013-14) & 9. आयकर अपील सं./ Ita No.317/Chny/2024 (िनधा(रणवष( / Assessment Year: 2014-15)

For Appellant: Shri R.Venkata Raman (CA) - Ld. ARFor Respondent: Shri Nilay Baran Som (CIT) - Ld. Sr.DR
Section 132Section 153ASection 24Section 54Section 80CSection 90A

Income-tax Act, 1961, amounting to Rs.73,72,048/- 6. That the Ld. CIT(A) was erred in not allowing the withholding tax credit u/s. 90A of the Income Tax Act, 1961, amounting to Rs.9,19,124/-. As is evident, the issues that fall for our consideration are – (i) Disallowance

Aban Offshore Limited, Chennai vs. DCIT, Corp Circle 1(1), Chennai

In the result the appeal of the assessee is allowed for statistical purpose

ITA 556/CHNY/2024[2014-15]Status: DisposedITAT Chennai31 Jul 2024AY 2014-15

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 556/Chny/2024 िनधा"रणवष" / Assessment Year: 2014-15 Deputy Commissioner Of Income Aban Offshore Limited, V. Tax, 113, Janpriya Crest, Corporate Circle -1(1), Pantheon Road, Egmore, Chennai. Tamilnadu – 600 008. [Pan:Aaaca-3012-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. P. Murali Mohan Rao, Ca (Virtual) ""यथ"क"ओरसे/Respondent By : Shri. Nanda Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 05.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 31.07.2024 आदेश /O R D E R

For Appellant: Shri. P. Murali Mohan Rao, CA (Virtual)For Respondent: Shri. Nanda Kumar, CIT
Section 115JSection 143(3)Section 154Section 35DSection 90Section 92C

assessee raised a ground no. 7 against the action of the Ld.CIT(A), confirming the action of the AO by disallowing the withholding tax and Relief U/s.90 of the Act, of Rs.1,17,02,382/-. The AO while denying the above claim of the assessee held as under: “1] Relief ... assessee is entitled to get tax credit to the extent the taxes paid in foreign country on the foreign income. The fact that the withholding taxes have been deducted by on the income earned by the assessee is evident from the Confirmation of payment for sec 45 withholding tax received

Expertease (India) Private Limited, Mumbai vs. ITO TDS 1(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed for

ITA 1594/MUM/2024[2009-2010]Status: DisposedITAT Mumbai25 Jul 2024AY 2009-2010

Bench: Shri Pavan Kumar Gadale & Shri Renu Jauhrii Ta. No. 1594/Mum/2024 (A.Y.2009-10) Expertease (India) Pvt Ltd, Vs Ito (Tds)-1(2)(2) 3102, Gokul Concorde, Roomno. 805, 8Th Flr, Thakur Village, Smt K G Mittal Kandivali (East), Ayurvedic Hospitalbldg Mumbai-400101. Charni Road, Mumbai-400002. Pan/Gir No. Aabce2693P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By Shri Prakash Jotwani. Ar Respondent By Shri P.D Chougule. Sr. Dr सुनवाई की तारीख/Date Of Hearing 27.06.2024 घोषणा की तारीख/Date Of Pronouncement 29.07.2024 Order Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Common Order Of The Commissioner Of Income Tax (Appeals)(Cit(A))- 59 Mumbai Passed U/Sec 201(1)/201(1A) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, It Was Brought To The Knowledge Of The Bench That, The Assessee Has Filed The Appeal Electronically On 07.12.2018 & Emphasized On Facts & Relied On The Affidavit Of The Director Of The Assesse Company As Under:

Section 194Section 194CSection 194HSection 201

there was turnover of Rs. 3,45,09,056/- and Payout Doventi of Rs. 1,50.06.640/- and directed the assessing officer to levy withholding tax pplicable under section 194C of the IT Act.1961; 10. I received the learned Commissioner of Income Tax (Appeals) order dated 21/09/2018 on 08/10/2018

DCIT, Circle-2(1)(1), Ahmedabad vs. Elitecore Technologies Private Limited, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1728/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.1728/Ahd/2019 "नधा"रण वष" /Assessment Year : 2011-12 The Dy.Cit Elitecore Technologies Pvt.Ltd. Circle-2(1)(1) बनाम/ (Now Merged With Sterlite Ahmedabad Technolgies Limited) V/S. 904, Silicon Tower, B/H. Pariseema Building Off. C.G. Road Ahmedabad, Gujarat-380 009 "थायी लेखा सं./Pan: Aaace 6815G (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 27/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Revenue As Against The Order Passed By The Ld.Commissioner Of Income-Tax(Appeals)-10, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”], Dated 04/09/2019, Arising Out Of The Assessment Order Passed By The Assessing Officer (Ao) Under Section 143(3) Dcit Vs. Elitecore Technologies Pvt.Ltd. Asst. Year : 2011-12

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(2)Section 143(3)Section 195Section 250Section 40Section 92C

This ground relates to disallowance of Product Certification Expenses of Rs.60,57,180/- paid to non-resident on account of non-deduction of withholding tax u/s 195 of the Act and non-genuineness of the expenditure. 8.1 The facts are such that the assessee paid Product Certification Expenses as details ... section 5(2)(b) of the Act, this income is deemed to accrue or arise in India and since the assessee has failed to withhold tax u/s 195(2), added back u/s 40(a)(i) of the Act. DCIT vs. Elitecore Technologies Pvt.Ltd. Asst. Year

Bijender Singh, Alipurduar vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 447/KOL/2024[2022-23]Status: DisposedITAT Kolkata12 Jun 2024AY 2022-23

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

observe that it is not in dispute that the assessee earned income from Tanzania and Rs.21,24,975/- was deducted as withholding tax and the credit for the same was claimed as relief under section 90 of the Act against the tax liability arising in India at Rs.7 ... assessee furnished Form 67 and also f iled the revised return. I am of the considered view that the claim of the assessee towards withholding taxes paid in Tanzania is to be given against the tax liability on the income declared in India. Even otherwise filing of Form

Bijender Singh, Alipurduar vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 446/KOL/2024[2021-22]Status: DisposedITAT Kolkata12 Jun 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

observe that it is not in dispute that the assessee earned income from Tanzania and Rs.21,24,975/- was deducted as withholding tax and the credit for the same was claimed as relief under section 90 of the Act against the tax liability arising in India at Rs.7 ... assessee furnished Form 67 and also f iled the revised return. I am of the considered view that the claim of the assessee towards withholding taxes paid in Tanzania is to be given against the tax liability on the income declared in India. Even otherwise filing of Form

Bijender Singh, Kolkata vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 445/KOL/2024[2019-20]Status: DisposedITAT Kolkata12 Jun 2024AY 2019-20

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

observe that it is not in dispute that the assessee earned income from Tanzania and Rs.21,24,975/- was deducted as withholding tax and the credit for the same was claimed as relief under section 90 of the Act against the tax liability arising in India at Rs.7 ... assessee furnished Form 67 and also f iled the revised return. I am of the considered view that the claim of the assessee towards withholding taxes paid in Tanzania is to be given against the tax liability on the income declared in India. Even otherwise filing of Form

Shivananda Patil, Kolkata vs. ADIT, CPC, Bangaluru

In the result, all the appeals of the assessee are allowed

ITA 32/KOL/2024[2022-23]Status: DisposedITAT Kolkata03 Jun 2024AY 2022-23

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

observe that it is not in dispute that the assessee earned income from Tanzania and Rs.21,24,975/- was deducted as withholding tax and the credit for the same was claimed as relief under section 90 of the Act against the tax liability arising in India at Rs.7 ... assessee furnished Form 67 and also f iled the revised return. I am of the considered view that the claim of the assessee towards withholding taxes paid in Tanzania is to be given against the tax liability on the income declared in India. Even otherwise filing of Form