Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Tally On Cloud Tally on Cloud: Ready for the Daily Backup Requirement
Keep your Tally books accessible from anywhere while supporting your Rule 46(8) obligations. With daily backups configured on servers physically located in India, Tally on Cloud helps you maintain the backup arrangement required for electronic books of account under the Income-tax Rules, 2026. Move your Tally to the cloud with confidence.
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Mock Test Papers Series - I & II for Students appearing in CA Foundation January 2027 Examination.
 Income Tax Rules 2026: CBDT Introduces Revised Form 161 for Penalty Waiver, Clarifies Misreporting Categories and Taxpayer Relief
 ITR Filing and Income Tax Audit Deadline Extended: 5 Critical Things Taxpayers Must Know
 Filing Belated ITR for AY 2026-27? Know Which Losses You Can Carry Forward and Which You May Lose
 CBDT Extends Tax Audit Report Deadline to October 21, ITR Filing Last Date to November 21 for AY 2026-27
 CBDT Extends AY 2026-27 ITR Filing Deadline for Tax-Audit Cases: New Dates and Key Compliance Details
 Foreign Assets Missing From Your ITR? Income Tax Department Opens One-Time Disclosure Window
 Tax Audit Deadline September 30: Why AIS, TDS and GST Figures May Not Match Your ITR and What Taxpayers Should Do
 Tax audit deadline September 30: Common mistakes taxpayers should avoid
 Your ITR says ‘verified’, but the refund hasn’t arrived? 5 reasons why your money could be stuck
 Missed the ITR Deadline but TDS Refund Is Due? Here’s How You Can Still Claim Your Money

New income tax ruling to hit BPO firms hard
April, 27th 2007

In an unprecedented judgment that could have far reaching ramifications, the Income Tax Appellate Tribunal (ITAT) has ruled that foreign companies having local agents with Permanent Establishment (PE) will have to pay taxes in India. 
 
The concept of PE is one of the most complex issues that international tax treaty laws have to deal with. That is because a foreign companys profits are taxable in a country only if the enterprise is deemed to be a PE, usually defined as a fixed place of business through which business is carried out.

With this order though, income earned by foreign companies in India will come under the tax net even if the foreign company has paid the Indian agent on the basis of the Arms Length principle (ALP). Under the terms of this principle, the prices paid to a foreign companies agent would be the same as they would have been, had the parties to the transaction not been related to each other.

While the order will bring in at least Rs 200 crore in taxes from the entertainment industry, it is the BPO business that will now come under the scanner as IT officials train their guns on this sector. None of the foreign companies in the BPO space that have Indian agents are filing returns in India. We are planning to send notices to these companies under section 163 of the I-T Act to file returns in India on the basis of the recent ITAT order, sources said.

It is likely that representatives from the BPO business may urge government to categorically spell out that when the Arms Length pricing has been adhered to, the tax liability of the foreign company in India is extinguished. The order was passed on account of a case that filed by SET Satellite (Singapore), the parent company of Sony Entertainment Television. SET is in the business of broadcasting and uplinking of television channels. It appointed an Indian company as an agent to market ad space on its behalf for a commission during assessment year 1999-2000.

While filing returns, SET argued that it is not taxable in India as it did not have a PE as defined by a tax treaty between India and Singapore. The stand was adopted because SET pointed out it had compensated the agent on the Arms Length principle.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting