Tumkur Minerals (P.) Ltd. v. JCIT (2023) 203 ITD 491 (Panaji) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Payment of destination sampling charges to non-resident service providers for services rendered by them outside India-Payment is not taxable-DTAA-India-China [art. 12]

Assessee had made payment of destination sampling charges to non-resident service providers for services rendered by them outside India, which were utilized by assessee-company for purpose of earning income from source outside India. Tribunal held that  s payments were not taxable for reason that they had been made for earning income from sources outside India and, therefore, fell within exclusionary clause of section 9(1)(vii)(b)-Held, yes [Para 3] [In favour of assessee] (AY. 2011-12)