
The Income Tax Appellate Tribunal (ITAT) has partly allowed six appeals by BBC Global News Limited, reducing the profit attributable to its Indian operations from 15% to 12% of advertising revenue, Bar…
The Income Tax Appellate Tribunal (ITAT) has partly allowed six appeals by BBC Global News Limited, reducing the profit attributable to its Indian operations from 15% to 12% of advertising revenue, Bar and Bench reports. The tribunal rejected the BBC's plea to retain the earlier attribution rate of 8.75% but found the 15% rate set by the Assessing Officer excessive and based on mere estimation.
The dispute arose after income tax raids on BBC's Delhi and Mumbai offices in February 2023. The department argued that BBC's Indian entity performed functions beyond what was disclosed, including sales and marketing. The ITAT agreed on additional activities but capped the attribution at 12%, while remanding the tax credit claim to the Assessing Officer.
The ITAT's ruling is a middle path neither side will cheer entirely. The tax department wanted 15% but the tribunal found it excessive given the earlier mutual agreement. Yet it also acknowledged additional functions by BBC's Indian entity. A win for neither side. The real test will be whether the department accepts this rate for future assessments or continues litigation. For the ordinary taxpayer, the question remains: are such attribution rates based on concrete functions or convenient estimates?
Source: barandbench.com
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