No TDS liability on income received on non-technical services outsourced to foreign company
Last updated: 21 February 2023
Court :
Karnataka High Court
Brief :
The Hon'ble Karnataka High Court in The Director of Income-Tax v. IBM India Private Limited [I.T.A NO. 218 of 2014 dated January 16, 2023] has held that, the pay roll related services by assessee outsourced to its foreign companywould be treated as business income earned by the foreign companyand not a technical service therefore, would not be liable for Tax Deducted at Source ("TDS") under Section 195 of the Income Tax Act, 1961 ("the IT Act"). Further held that, the payments received by foreign company, would be chargeable to tax outside India.
Citation :
I.T.A NO. 218 of 2014 dated January 16, 2023
You have reached daily limit of 2 Free Judgements. To view this or other Judgements please subscribe to CCI PRO :
Stay updated! Stay ads free
Browse CAclubindia ads free.
Latest updates on WA.
Daily E-Newsletter and much more.
CCI PRO annual subscription :
Original Price : INR 2999/-
Offer Price : INR 1999/-
Duration : 1 year
(Prices Inclusive of GST)
Know More
Note: If you are a PRO member already, please click here to login (for ad free experience)
Bimal Jain
Published in Income Tax
Views : 218
Comments
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
