Академический Документы
Профессиональный Документы
Культура Документы
(INCOME TAX)
PRESENT
Present for the applicant : Mr. Rajan Vora, CA,SRBC & Asso.
Mr.Ashish Gupta, Endemol India, Mumbai
Mr. Sachin Shah, CA, SRBC & Asso.
Mr. Aditya Modani, CA
Ms. Priyanka Minawala
Present for the Department : Mr. RS Rawal, CIT-DR (AAR), New Delhi
Mr. Raj Kumar, ACIT-II(I), Mumbai
RULING
Both the above two applications M/s Endemol India Private Limited
(EIPL) are in relation to payment made to the same company incorporated and
a tax resident of Brazil namely Utopia Films. The facts and questions raised in
both the applications are also similar except in the case of application No.1082
the services are line production services and in application No.1081 the
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payments are for line production services for stunts. In both the applications
India and the Government of Federative Republic of Brazil for the avoidance of
Double Taxation and the prevention of fiscal evasion with respect to taxes on
convenience.
shows and has also ventured lately into soap operas. The applicant started
stunt operations in 2006 with the non-fiction format show Bigg Boss (Big
Brother) and also has other reality shows in India such as Fear Factor
Khatron Ke Khiladi etc. During the financial year 2010-11 the Applicant had
version of Fear Factor which was aired on Colors channel. As per the
Brazil). For the purpose of shooting the program/show, outside India, the
and is a tax resident of Brazil, for providing line production services and for
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providing line producer, local crew for providing stunt services, transport
necessary for stunts for production of the show in Brazil. The contract
agreement dated 3.8.2010 was signed between the applicant and the
4. The anchor and the participants of the show are engaged and paid
Applicant outside India. Utopia Films has been engaged for a particular
6. As per the agreement, the Applicant has paid towards the line
production services provided by Utopia Films. Further, the taxes (if any)
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7. Presenting the above facts, the applicant seeks ruling from the
tax Act, 1961 (the Act) and while admitting the application this Authority
designed for avoidance of tax in India. The applicant was also directed to
take out notice of the application alongwith the copy of the admission order
filed.
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9. According to the applicant the payment made to Utopia Films outside
India for line production services and line production services for stunts as
per the agreement do not fall within the purview of Fees for Technical
submitted that the payments are not taxable under the India-Brazil Tax
the Treaty. Reliance was placed in the decision of the ITAT Mumbai in the
case of Yashraj Films Pvt.Ltd. ITA No.4856 of 2008 wherein the ITAT held
that services rendered similar to that of the applicant were logistic services
and they are not technical in nature within the meaning of Explanation 2 to
9(1)(vii) of the IT Act and the payments for the services were not subject to
withholding tax in India. The Revenue on the other hand submitted that the
Utopia Films to ensure that right people and right equipment are in place
services rendered are highly complex and skill based requiring specialized
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professional training, knowledge and experience. They are professional
services and the payment is covered under Fees for Technical Services.
10. Having heard the arguments of the learned counsel for the applicant
and the Revenue, we are of the view that the services provided by the
our ruling in the applicants own case in AAR 1083 of 2011 dated 13th
December, 2013, we hold that the payments made by the applicant to the
section 194C of the IT Act and they will not be taxable without Permanent
February, 2014.