PCIT v. Shantilal Khushaldas & Bros. (P.) Ltd (2023) 295 Taxman 239/ (2024)) 461 ITR 361 (SC) Editorial : PCIT v. Shantilal Khushaldas & Bros. (P.) Ltd (2019) 108 taxmann.com 549 (Bom)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Commission-Payments were made by foreign counter parties-Not liable to be assessed in India-Article 7-OECD Model Convention-SLP dismissed. [Art. 136]

Assessee is  engaged in business of mining and extraction of iron ore and processing, trading and exporting of same.  Assessee appointed commission agents for facilitating its export business outside India. Payments were made to these commission agents on behalf of assessee directly by foreign counter-parties to whom exports were made by assessee. High Court  held that since payment on account of commission to overseas agents was made by importers abroad, same was not liable to be assessed in India. SLP of Revenue is dismissed. (AY. 2012-13)