Rajendra Nayak Ganesh Pai The Mumbai Income Tax Appellate Tribunal in the case of Ashapura Minichem [(2010) 5 taxmann.com 57 (Mum.-ITAT)] adjudicated on the issue of taxability of payments made by the taxpayer for services rendered outside India, under the provisions of the Indian Tax Law (ITL) as well as under the India-China tax treaty. The taxpayer, a company resident in India, engaged a Chinese company (China Co) to provide certain testing services in its laboratories and for preparing test reports which was used by the taxpayer to define its process parameters. The taxpayer relied on the decision of the Supreme Court in the case of Ishikawajima Harima [(2004) 288 ITR 408], which held that for income in the nature of fees for technical services (FTS) to be taxable in India, the services should not only be 'utilised' in India but should also have been 'rendered' in India and contended that since the services were not rendered in India the same were not taxable. The issue before the tribunal was the taxability of the service fee under the ITL as well as under the treaty.
June 30 2010