Receipts from seconded employees were held taxable as fees for...

Receipts from seconded employees were held taxable as fees for included services under Article 12 of the India-USA DTAA because the secondees retained their lien with the overseas employer, the Indian entities could only end the assignment, and the services involved training, implementation of group policies, and transfer of technical knowledge, satisfying the make available test. The absence of markup and the label of reimbursement did not change the true character of the arrangement. On the separate issue of services rendered in and from the USA, the Tribunal had not properly examined the nature of the retained receipts or the Assessing Officer's findings, so the matter was set aside and remanded for fresh, reasoned consideration.