Assistant Commissioner of Income Tax (IT) – 2(1)(1), Mumbai Vs. Credit Suisse (Singapore) Limited
Parties Involved
Facts Summary
The present appeal filed by the Revenue arises out of the order dated 19.01.2024 passed by the Ld. Commissioner of Income Tax (Appeals)-56, Mumbai, National Faceless Appeal Centre (NFAC), Delhi for A.Y. 2018-19 on following revised grounds of appeal. The primary issue was whether the commission income received by the assessee from HDFC Asset Management Company is in the nature of business income and not of the nature of other income. Additionally, it was questioned whether the addition by the Assessing Officer amounting to Rs 26,01,20,559/- as commission income taxable as per Article 23 of India-Singapore treaty was correct. The Tribunal relied on previous orders from the same assessee's cases for Assessment Years 2014-15 and 2015-16, which held that the offshore distribution commission income is in the nature of business income and does not accrue or arise in India.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the commission income received by the assessee is in the nature of business income and not of the nature of other income?
- 2. Whether the addition by the Assessing Officer amounting to Rs 26,01,20,559/- as commission income taxable as per Article 23 of India-Singapore treaty was correct?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
5 precedents cited in this judgement.
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