banner_ad

To facilitate shooting in foreign locations for film and TV Indian production houses utilizes services of overseas entities, the issue then arises whether these payments are subject to tax in India, in the hands of overseas parties. Endemol, an Indian production house known for producing reality shows like Big Boss approached the Authority of Advance Ruling (AAR) to seek a ruling on the tax incidence in India arising out of payments made by it to two overseas companies. In both instances, the AAR  rules that the foreign entities would not be subject to tax in India.

During fiscal 2010-2011, Endemol  had produced the reality show ‘Khatron ke khiladi series -3’. The shooting is done outside India primarily in Brazil, The Indian took the services of a Singapore based company named Noise Associates to procure the services of a technical expert . After examining thedetails of the  contract  between the Singapore company and Endemol, AAR held that the payment made to Singapore company would fall within the parameters  of the excluding clause contained in the article- Royalties and Fees for Technical Services in the India- Singapore tax treaty. Thus there would be withholding of tax in India against payments made to Noise Assosciates for services rendered by it. Further Singapore company do not have a permanent place of establishment in India so the payment received by it could not be taxable in India as business income.

The other matter heared by AAR related to made by Endemol during fiscal 2010-2011 in connection with the shooting of its reality show ‘Wipe Out’, in Argentina, in this case the Indian company uses the services of argentine company for for technical and production crew and equipment for the overseas shoot. The AAR observed that the composite contract was in the nature of works contract under section 194 C of the Indian Income Tax Act. The services were rendered outside India and the payment were also received by the Argentine company outside India. Thus in the absence of any business connection in India the payment could not be subject to tax in India, AAR  held.

Rulings of the AAR have a persuasive effect in tax assessment of similar cases. Thus production houses facing litigation on payments made for overseas shooting could benefit from these rulings.

Thanks for Reading!!

Esha  Agrawal


12446 Views 2 Likes Comment   Share Income Tax   Report


About the Author

job

Hello everyone... Myself Esha Agrawal pursuing CA finals, i have done MBA from Symbiosis Center of distance learning... I like reading books, writing articles


CCI Pro

Comments


Related Articles


Loading


Popular Articles





CCI Pro
Meet our CAclubindia PRO Members


CCI Articles

submit article


Company
26 April 2026
Chartered Accountant

Source HR

Mumbai

CA

View Details
Company
01 May 2026
Chartered Accountant

Agrawal Jain & Co.

Raipur

CA

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details
Company
27 April 2026
Senior Accountant

Jyoti K agarwal & co

Mumbai

Others

View Details
Company
28 April 2026
Senior Accounts Professional

Vivek S Gupta & Associates

New Delhi

B.Com

View Details
Company
07 May 2026
CA Assistant

amit desai and co

Mumbai

CA Final

View Details