TDS u/s 195 - payment for time charter higher charges are ...

Case Laws     Income Tax

February 27, 2024

TDS u/s 195 - payment for time charter higher charges are Royalty u/s 9(1)(vi) - The Tribunal held that the payments made by Jaisu Shipping Co. Pvt. Ltd. for hiring dredgers from a non-resident entity fall under the definition of "Royalty" as per Section 9(1)(vi) of the Income Tax Act. This classification is based on the provision that payments for the use or right to use any industrial, commercial, or scientific equipment are considered royalties. The decision emphasized that the control and physical possession of the equipment (dredgers) by the assessee, to the exclusion of others, and the obligation to maintain the equipment in good working condition, did not constitute a provision of services but were corollary to the hiring of equipment itself. - ITAT concluded that the assessee was under an obligation to deduct tax at source as royalty payments.

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