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Income Tax - Highlights / Catch Notes

Home Highlights May 2021 Year 2021 This

Income taxable in India - TDS on payment to Federal Aviation ...


Payments to FAA in the USA are taxable in India u/s 196; no immunity for foreign sovereign entities.

May 15, 2021

Case Laws     Income Tax     AT

Income taxable in India - TDS on payment to Federal Aviation Agency FAA -USA - the payments are not excluded from the purview of Section 196 on this ground. FAA per se cannot be treated as a foreign sovereign Government. There is no general immunity from taxation unless specified which is found absent by going through the agreements entered between the two organizations. That leads to a conclusion that the taxability is determined based on the law of the land and the treaties entered between two nations as sovereign entities. - AT

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