VidhiSangh

Supreme Court of India · 29/04/2020

PILCOM versus WEST BENGAL-

[2020] 6 S.C.R. 620 · 2020 INSC 375

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Summary

Guarantee money attributable to foreign cricket associations’ participation in matches played in India was income arising or deemed to arise in India, requiring deduction under Section 194E. Payment abroad under an overseas resolution did not remove its connection with the Indian matches. The payer’s Section 194E obligation was unaffected by treaty relief that the recipient might establish and recover through refund. Unappealed exclusions and the Tribunal’s proportionate limitation remained final.

Issues

  1. Whether the guarantee payments had an Indian income source despite payment abroad.
  2. Whether Section 194E required deduction on the amounts remaining in dispute.
  3. Whether double-taxation treaty benefits absolved the payer’s deduction obligation.
  4. What limits followed from the Revenue’s failure to appeal.

Provisions considered

Held

Result

Civil appeal dismissed without costs. The two connected special leave petitions concerning consequential assessments were also dismissed.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 620.