2004 (4) TMI 5 - AAR - Income Tax

Taxability of remuneration received outside India - expression advance ruling - in view of the amended provisions in sub-clause (ii) of clause (a) of section 245N, application is liable to be rejected

Summary

Issues:
Taxability of remuneration received by an individual outside India under the Indian Income-tax Act.

Analysis:
The applicant sought an advance ruling on whether the remuneration received by an individual outside India is liable to tax under the Indian Income-tax Act and under what provisions and head of income. The individual, Mr. E.H. Kohutek, received remuneration from Caterpillar Asia Private Limited, Singapore, for working with the applicant company in technical services under an agreement. The question pertained to the taxability of the remuneration and benefits paid to Mr. Kohutek.

The Authority raised a concern regarding the amended provisions of section 245N of the Income-tax Act and asked the applicant to explain why the application should not be rejected. The relevant provision defined 'advance ruling' to relate to the tax liability of a non-resident arising from a transaction with a resident applicant. The provision was amended to specify that the ruling should pertain to the tax liability of a non-resident. As the question in this case related to the tax liability of a resident, the application for advance ruling was deemed ineligible post-amendment.

The applicant's counsel argued that the proviso to clause (a) of Section 245N should allow for an advance ruling for applications filed before the amendment. However, the Authority emphasized that the proviso saved rulings pronounced before the amendment and did not alter the requirement for the ruling to be related to the tax liability of a non-resident. Therefore, the application was rejected based on the updated provisions of the Income-tax Act.

In conclusion, the application seeking an advance ruling on the taxability of remuneration received by Mr. E.H. Kohutek outside India was rejected due to the amended provisions requiring the ruling to be related to the tax liability of a non-resident. The interpretation of the relevant statutory provisions led to the rejection of the application, highlighting the importance of aligning the ruling request with the specified criteria under the Income-tax Act.