Examine in the context of provisions contained under the Income Tax Act, 1961 in each of the following independent cases and state in brief whether there exists business connection in each of the cases in India so as to

CS Professional · Advanced Tax Laws · PYQS · December 2020
Examine in the context of provisions contained under the Income Tax Act, 1961 in each of the following independent cases and state in brief whether there exists business connection in each of the cases in India so as to bring the income earned in the previous year, if any to be taxed in India: (iii) Rajendra, a resident in India and based at NOIDA is appointed as agent by KOK Pty Inc a company incorporated in USA for exploring the Indian markets. He had not been given any authority to accept the orders but was allowed for canvassing the orders and then to communicate the same to company in USA. All the orders were directly received and accepted by the company and after receiving the price/value thereof, the delivery of goods was given directly by the company from any of its outlets outside India. None of the activities either of purchase of raw material or of manufacturing of finished goods took place in India. The agent was entitled to receive the commission as a percentage on the sales so concluded by KOK Pty Inc of USA.

Answer & Explanation:

All income accruing or arising directly or indirectly through or from any business connection in India is chargeable to tax in India as per section 9(1)(i) of the Income tax Act, 1961. In the given case, Mr. Rajendra does not have any authority to accept or conclude any contracts on behalf of the company or to procure any raw material. All the orders were directly received and accepted by the company and after receiving the price/value thereof, the delivery of goods was given directly by the company from any of its outlets outside India. It means that business connection does not exist in India in the case of KOK Pty Inc. and the income of the work done by the agent shall not be taxable in India in the hands of KOK Pty Inc. of USA. The commission on the sales received by Mr. Rajendra from KOK Pty Inc shall be taxable in India in his hands.

Topics: Income Tax Act

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