|
 |
|
|
 |
 |
|
 |
 |
| |
|
|
« Various Acts & Rules » |
---|
Open DEMAT Account in 24 hrs | Customs Tariff 2009-10 - PART-II - Chapter 98 - Project imports, Laboratory chemicals, passenger's baggage | Customs Tariff 2009-10 - PART-II - Chapter 97 - Works of art, collectors' pieces and antiques | Customs Tariff 2009-10 - PART-II - Chapter 96 - Miscellaneous manufactured articles | Customs Tariff 2009-10 - PART-II - Chapter 95 - Toys, games and sports requisites; parts and accessories thereof | Customs Tariff 2009-10 - PART-II - Chapter 94 - Furniture; bedding, mattresses, mattress supports | Customs Tariff 2009-10 - PART-II - Chapter 93 - Arms and ammunition; parts and accessories thereof | Customs Tariff 2009-10 - PART-II - Chapter 92 - Musical instruments; parts and accessories of such articles | Customs Tariff 2009-10 - PART-II - Chapter 91 - Clocks and watches and parts thereof | Customs Tariff 2009-10 - PART-II - Chapter 90 - Optical, photographic, cinematographic, measuring | Customs Tariff 2009-10 - PART-II - Chapter 89 - Ships, boats and floating structures | Customs Tariff 2009-10 - PART-II - Chapter 88 - Aircraft, spacecraft, and parts thereof |
|
|
|
|
|
« Tax on NRI interest income... | An amount gifted to a relative will be free of income tax... » |
Foreign consultants' income taxable at lower rate of 15% |
|
December, 04th 2008 |
Foreign consultancy firms can breathe easy on their tax liability in India with a tribunal ruling that their income
falls in the
category of "fees for included services" and is taxable at a rate of 15%, lower than a 20% rate claimed by tax authorities.
"The payment received by assessee is in the nature of 'fees for included services' and hence, to be taxed as such at the rate (15%)," said the Delhi bench of Income Tax Appellate Tribunal (ITAT) recently, giving an order in case of Canadian consultant SNC Lavalin.
Fee for included services is a payment received by a firm for the technical and consultancy services rendered by it.
SNC Lavalin, a Canadian company engaged in providing consultancy for infrastructure projects had executed two contracts with National Highway Authority of India (NHAI) to provide technical services for upgradation of two national highways.
The bone of contention between the tax authorities and the company was the rate of tax applicable on the fees received by the company from NHAI.
While SNC said that the income was "fees for included services" and taxable at the rate of 15% as per the Double Taxation Avoidance Agreement between India and Canada, the tax department's assessing officer held that the income was "fees for technical services" and should be taxed at a higher rate of 20%.
However, the tax department argued that the "assessee's (SNC Lavalin) case is not covered as "fees for included services" as the technical design for widening and rehabilitation of the two national highway improvement projects, provided by SNC to NHAI, would be considered as a product and not a technology.
|
|
|
|
|
|
|
 |
 |
Copyright 2025 CAinINDIA All Right Reserved. Designed and Developed by Ritz Consulting
|
|
 |
|
|
|