| COURT: | ITAT Kolkata |
| CORAM: | Mahavir Singh (JM), Shamim Yahya (AM) |
| SECTION(S): | 195, 40(a)(ia), 9(1)(vii) |
| GENRE: | International Tax |
| CATCH WORDS: | Reimbursement of expenses, TDS disallowance |
| COUNSEL: | Soumitra Choudhury |
| DATE: | January 29, 2015 (Date of pronouncement) |
| DATE: | February 2, 2015 (Date of publication) |
| AY: | 2007-08 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 9(1)(vii): Reimbursement of expenditure under cost-sharing agreement does not constitute "income" and there is no obligation to deduct TDS u/s 195 | |
A perusal of the decision of the Supreme Court in Tejaji Farasram Kharawalla Limited (1967) 67 ITR 95 (SC) clearly shows that Supreme Court has categorically held that the reimbursement of the actual expenses would not be taxable in the hands of the person receiving the reimbursements
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