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Core issue requiring our adjudication in this case is whether or not the assessee appellant was required to withhold tax from part payment of US $ 4,40,000, in respect of an appearance made by Nicholas Cage, an Oscar award winning celebrity, for an appearance made by him at Dubai (UAE) in a product launch event for promoting business of the assessee in India.

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Section 195 & 201 of Income Tax Act, 1961 – TDS – The appeal challenges the order of CIT(A) in the matter of tax withholding demands raised by the Assessing Officer under section 201 r.w.s. 195 of the Income-tax Act, 1961, for the assessment year 2015-16. The core issue is “whether or not the assessee appellant was required to withhold tax from part payment of US $ 4,40,000, in respect of an appearance made by Nicholas Cage, an Oscar award winning celebrity, for an appearance made by him at Dubai (UAE) in a product launch event for promoting business of the assessee in India. ITAT dismissing the appeal of the assessee held that:– the income embedded in payment to the international celebrity, for participation in Dubai A8L launch event, was taxable in India. The assessee had the liability to withhold taxes from payment made for appearance made by the celebrity at Dubai A8L launch event, and the CIT(A) was justified in upholding impugned demands raised under section 201 r.w.s 195 of the Income-tax Act,1961 – VOLKSWAGEN FINANCE P. LTD. Vs. ITO [2020] 79 ITR (TRIB) 447 (ITAT-MUMBAI)