Shared Assessments LLC Vs. The Dy. C.I.T

Parties Involved

Facts Summary

The assessee, a foreign company, received an amount of Rs. 12,96,250/- from Genpact India Pvt Ltd during the A.Y 2017-18 as 'membership fees for accessing server to gain exposure to new customer'. As no tax was deducted at source on the above mentioned payment so received by the non-resident nor the assessee filed any ITR for A.Y 2017-18, the AO issued notice u/s 148 of the Act dated 30.06.2021. The AO, finally, held that the consideration received from Genpact India during AY 2017-18 as 'membership fees for accessing server to exposure new customers' are in the nature of Royalty/FTS paid by resident to non-resident company in accordance with section 9(1)(vi)/9(1)(vii) r.w.s 115A of the Act and chargeable to tax in India in the hands of the assessee.…

Legal Issues

• 1. Whether the final assessment order passed by the Assessing Officer is beyond the time limit prescribed under the statute.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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