It appears that the Indian revenue authorities have come full circle in addressing the taxation of foreign telecasting companies (FTCs) operating in India. When FTCs first started operating in India in 1993, there was no specific regime in domestic law to deal with the taxation of such entities – in this case, in respect of income earned from Indian advertisers who placed advertisements on channels broadcast by the FTCs throughout India. In the absence of a specific regime, the income would have been taxable on a net income basis, whereby all attributable expenditure would be allowed to be set off from revenues, subject to the provisions of domestic law, in arriving at the taxable income. However, given the nature of the operations, the revenue authorities realized that computing net income would be an extremely cumbersome, if not entirely insurmountable, exercise.
April 30 2001