Applicability of TDS provision u/s 195 to cost sharing agreement needs re-examination

BASF Catalysts India Pvt. Ltd Vs DCIT (ITAT Chennai) ITAT Chennai held that before concluding with regard to applicability of provisions of section 195 of the Income Tax Act, all necessary and relevant documents like cost sharing agreement/ auditor’s report/ other evidences need to be examined thoroughly. Accordingly, matter set aside with direction to AO to re-examine the claim. Facts- The assessee, M/s. BASF Catalysts India Private Limited, is a part of group concern companies of BASF group comprising of BASF SE, Germany and its number of subsidiaries and affiliates. The assessee is also o...