1983 (5) TMI 16 - HC - Income Tax

Appeals, Composite Order, Double Taxation Relief, Income Deemed To Accrue Or Arise In India, Remand, Writ

Issues Involved:
1. Taxability of documentation fee.
2. Taxability of technical assistance fee.
3. Validity of the orders of the Income Tax Officer (ITO) and the Central Board of Direct Taxes (CBDT).
4. Jurisdiction of the High Court to entertain the writ petitions despite the existence of alternative remedies.

Detailed Analysis:

1. Taxability of Documentation Fee:

The petitioner, Citizen Watch Company Ltd., Japan, entered into a technical collaboration agreement with the Government of India to establish a modern wrist-watch manufacturing industry in India. Under this agreement, Citizen was to receive a documentation fee for supplying drawings and other information.

Initial Assessment:
The ITO initially accepted the petitioner's claim that the documentation fee was received outside the taxable territory and hence, not chargeable to tax under the Income Tax Act, 1961.

Reassessment:
Upon remand by the AAC, the ITO re-examined the documentation fee and concluded that it was akin to royalty and thus taxable. The High Court found this reassessment to be incorrect. The documentation fee, as per the agreement, was distinct from royalty. The court held that the documentation fee was received outside India and thus not chargeable to tax under the Act.

Legal Basis:
The court relied on the affidavit of Sri I.K. Amitha, an officer of HMT, who confirmed that the documents were mailed from Japan, and payments were made outside India. The court found no justification for the ITO to reject this affidavit.

Conclusion:
The documentation fee was not chargeable to income tax under the Act.

2. Taxability of Technical Assistance Fee:

Citizen was also to receive a technical assistance fee for providing technical know-how and assistance.

Initial Assessment:
The petitioner claimed exemption from tax on the technical assistance fee based on the agreement terms. The ITO initially allowed a partial deduction but later, upon reassessment, treated the entire technical assistance fee as royalty and taxable.

Court's Analysis:
The High Court found that the technical assistance fee was distinct from royalty as per the agreement. The fee was received outside India, and thus, not chargeable to tax under the Act. The court also referred to the Double Taxation Avoidance Agreement (DTA) between India and Japan, which supported the petitioner's claim that the technical assistance fee was not taxable in India.

Legal Basis:
The court cited the Supreme Court ruling in Carborandum Co. v. CIT and the High Court ruling in VDO Tachometer Werke, which supported the non-taxability of such fees when received outside India.

Conclusion:
The technical assistance fee was not chargeable to income tax under the Act.

3. Validity of the Orders of the ITO and CBDT:

ITO's Orders:
The ITO's orders treating documentation and technical assistance fees as royalty and taxable were found to be manifestly illegal. The court quashed these orders.

CBDT's Order:
The CBDT had rejected the petitioner's claim for exemption of these fees from tax. The court found this order to be illegal as it interfered with the quasi-judicial functions of the tax authorities and was made without affording an opportunity of hearing to the petitioner.

Conclusion:
Both the ITO's and CBDT's orders were quashed.

4. Jurisdiction of the High Court:

Preliminary Objections:
The Revenue argued that the writ petitions were not maintainable as the petitioner had not exhausted the alternative remedies available under the Act. The court rejected this contention, stating that the existence of an alternative remedy does not bar the High Court from exercising its jurisdiction, especially when the petitioner had no effective remedy due to the binding nature of the CBDT's order.

Legal Basis:
The court referred to the principle that the existence of an alternative remedy is a factor to be considered but does not oust the jurisdiction of the High Court.

Conclusion:
The High Court had jurisdiction to entertain the writ petitions and quash the impugned orders.

Final Orders:
1. The letter/order of the CBDT dated May 26, 1981, was quashed.
2. The impugned orders of the ITO dated March 31, 1981, assessing income tax on documentation fee and technical assistance fee, and the consequent demand notices were quashed.
3. The ITO was directed to recompute the income and tax payable by the petitioner for the relevant assessment years in conformity with the court's order and the order of the Commissioner (Appeals).

Rule issued was made absolute, and parties were directed to bear their own costs.

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