General Motors Company USA Vs ACIT (ITAT Delhi)
In this legal dispute, General Motors Company USA appealed against the orders passed by the Assessing Officer (AO)/ACIT, Circle Int. Tax 1(3)(1), New Delhi, relating to the assessment years 2014-15 and 2015-16. Since the grounds raised in both appeals were nearly identical, the ITAT Delhi heard them together and issued a combined order for convenience. The core issue revolved around the tax treatment of receipts classified as “Fees for Technical Services” (FTS) under the India-USA Double Taxation Avoidance Agreement (DTAA).
General Motors Company, USA (the Assessee), a Limited Liability Company (LLC) resident in the United States, had declared income from fees it received from two Indian entitiesโGeneral Motors India Pvt. Ltd. and Chevrolet Sales India Pvt. Ltd.โfor the assessment year 2014-15. These fees were categorized under “Fees for Technical Services” as defined in Form 15CA.
The primary dispute stemmed from the difference between the tax rate applied under the Income Tax Act, 1961, and the rate stipulated by the India-USA DTAA. The Assessee argued that the DTAA provided for a reduced tax rate of 15% on FTS, while the AO contended that the income should be taxed at 25% under Section 115A of the Income Tax Act, 1961.
