The ITAT held that the Appellant's remuneration for group...

The ITAT held that the Appellant's remuneration for group services performed outside India does not arise in India and thus is not taxable in India under Article 12(5) of the India-Finland DTAA; consequently the Tribunal's prior reasoning in the Appellant's own appeals was affirmed. Separately, the Tribunal determined that guarantee fees charged by the Appellant are passive in nature and, akin to bank guarantee fees, constitute income from other sources rather than business profits, with no permanent establishment attributable; therefore, the Appellant's challenge to the assessment on this point failed. Ground No. 3 was dismissed and the Assessing Officer's order was confirmed.