Case Law Details
Case Name : Asst. Commissioner of Income Tax Vs Karishma Global Mineral Pvt. Ltd. (ITAT Panaji)
Appeal Number : IT Appeal No.-66/2014
Date of Judgement/Order : 16/03/2015
Related Assessment Year :
Courts :
All ITAT ITAT Panaji
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Brief of the case: The ITAT Panaji in the case of ACIT Vs. Karishma Global Mineral Pvt. Ltd. held that the sales commission paid by assessee to Singapore based entity is not taxable in India as the same is business profits which cannot be taxed in the hands of foreign company under India – Singapore DTAA as the foreign company has no PE in India.
Facts of the case:
- The assessee paid sales commission to M/s. De Long Mineral & Logistics Pvt. Ltd. (a Singapore based co.) without deduction of tax at source.
- Assessee was of the view that the foreign company has no PE in India and, therefore, the commission is not taxable in India.
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Please note, I am not able to download the judgement/ Order from above sited link. requested to provide the right link. Thanks in advance.