2012 (12) TMI 126 - AT - Income Tax

Income accrues/arises or is deemed to accrue/arise in India assessee-company is receiving the remittances of tickets sold by the Indian company outside India Held that - Assessee was not having any business connection in India within the meaning of section 9(1)(i) of the Act, and hence, no income has been accrued to the assessee in India in respect of booking or sale of tickets for tour packages of the cruises in India. No income accrues or arises to the assessee in India on the sale of tickets/booking of Cruise tour packages which was done through Star Cruises (India) Travel Services Pvt. Ltd. (SCITC) - In favor of assessee

Summary

Issues:
1. Taxability of income received by a non-resident company from its Indian agent.
2. Interpretation of Sections 5 and 44B of the Income-tax Act, 1961.
3. Dispute regarding the accrual of income in India for services provided by the non-resident company.
4. Applicability of previous tribunal orders in similar cases.

Analysis:
1. The case involved the taxability of income received by a non-resident company from its Indian agent for selling cruise tickets and providing marketing services. The non-resident company argued that the agreement was on a principal-to-principal basis, and no income accrued in India as the final confirmation and tickets were provided by the foreign company directly to customers outside India. The Assessing Officer (AO) considered the amount received by the Indian agent as taxable under Sections 5 and 44B of the Income-tax Act, 1961.

2. The Commissioner of Income Tax (Appeals) [CIT(A)] relied on previous appellate orders and held that no income accrued to the non-resident company in India for the sale of tickets through the Indian agent. The CIT(A) deleted the addition made by the AO, leading to the Revenue appealing the decision. The Revenue contended that the entire sale proceeds collected by the Indian agent belonged to the non-resident company and should be taxed in India.

3. The Tribunal, after considering the arguments and previous tribunal orders in similar cases, upheld the CIT(A)'s decision. The Tribunal stated that no income accrued to the non-resident company in India for the sale of tickets through the Indian agent. The Tribunal emphasized that the non-resident company did not have a 'business connection' in India as per Section 9(1)(i) of the Act, and therefore, no income was deemed to have accrued in India for the services provided by the Indian agent.

4. The Tribunal's decision was based on the consistent view taken in previous cases involving similar facts and circumstances. The Tribunal rejected the Revenue's grounds of appeal, stating that no distinguishing features were presented to warrant a different decision. Consequently, the appeal by the Revenue was dismissed, affirming that no income accrued or arose to the non-resident company in India for the sale of cruise tickets through the Indian agent.