2014 (5) TMI 1209 - AT - Income Tax

Fees for technical services - Receipts on account of transportation fee - taxable as FTS u/s. 9(1)(vii) or not? - HELD THAT - Fees earned by the assessee under the transportation agreement are not FTS and cannot be taxed u/s. 9(1)(vii) of the Act. Taking support from the decision of the Tribunal in assessee s own case for A.Y. 2006-07 2012 (2) TMI 365 - ITAT MUMBAI the Ld. CIT(A) correctly held that the services rendered by the assessee are not managerial, technical or consultancy services and deleted the addition made by the AO. - Decided against revenue.

Summary

Issues:
1. Taxability of transportation fee as 'FTS' under Sec. 9(1)(vii) of the Income Tax Act, 1961 for A.Y. 2008-09.

Analysis:
The appeal involved the question of whether the transportation fee of Rs. 48,91,349 received by the assessee under a Regional Transportation Services Agreement with UPS SCS (India) Pvt. Ltd. should be considered taxable as 'FTS' under Sec. 9(1)(vii) of the Income Tax Act, 1961. The assessee, a Hong Kong-based company providing supply chain management services, argued that the income was not taxable in India as it arose from services rendered outside India and the relationship with USIPL was that of independent contractors. The Assessing Officer (AO) contended that the services provided by the assessee fell under managerial, technical, or consultancy services as per Sec. 9(1)(vii) and added the amount to the assessee's income.

The matter was brought before the Ld. CIT(A) where it was highlighted that a similar issue for A.Y. 2006-07 had been decided in favor of the assessee by the Tribunal, holding that the fees earned under the transportation agreement were not 'FTS' and not taxable under Sec. 9(1)(vii). Relying on this precedent, the Ld. CIT(A) deleted the addition made by the AO. The Revenue appealed this decision, but the Ld. Counsel for the assessee pointed out that the issue was already decided in favor of the assessee for A.Y. 2006-07 by the Tribunal.

Upon careful consideration, the Appellate Tribunal declined to interfere with the decision of the Ld. CIT(A) as the findings were based on the Tribunal's previous decision in the assessee's case for A.Y. 2006-07. As no distinguishing facts were presented, the appeal filed by the Revenue was dismissed, affirming that the transportation fee was not taxable as 'FTS' under Sec. 9(1)(vii) for the relevant assessment year.

This judgment underscores the importance of consistency in judicial decisions and the application of precedents in tax matters to ensure fair treatment and interpretation of the law.