Interactive Avenues P. Ltd. v. Dy. CIT (2022) 100 ITR 573 (Mum)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Advertisements on various non-resident Websites-Earning commission-Neither constitute permanent establishment nor royalty-Not liable to deduct tax at source-DTAA-India-Ireland.[S.195, Art, 12]

Held that  the view of the Commissioner (Appeals) that as the assessee had received a commission of 15 per cent. on the transaction, it had to deduct tax at source was totally baseless. The fact that only the commission income, which was the assessee’s only entitlement in the transactions, was chargeable to tax in its hands, clearly proved that the payments made to F were only on behalf of the assessee’s clients. Merely because the assessee reflected the commission in the profit and loss account on gross basis, it had invited the instant issue of deduction of tax at source. The entries in the books of account were not determinative of an assessee’s taxable income. Addition was deleted. (AY.2015-16)