The Appellate Tribunal (ITAT) examined the taxability of sales ...

Sales commission received by assessee not Fees for Technical Services - ITAT holds income not taxable.

Case Laws     Income Tax

June 19, 2024

The Appellate Tribunal (ITAT) examined the taxability of sales commission as Fees for Technical Services (FTS) under the Act and India-USA DTAA. The Tribunal held that the sales commission received did not meet the definition of "FTS" under both the Act and the DTAA. It was noted that since the payer was previously held exempt from tax on commission payments, the same applies to the recipient. Ground No.3 was allowed in favor of the assessee, determining that sales commission is not taxable.

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