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ITAT held that the Revenue failed to establish an indelible nexus between amounts received and consideration for rendering technical services; accordingly, receipts from sale of security software to the distributor do not constitute Fees for Technical Services under Article 12(3)(b) of the India-Ireland DTAA nor taxable as business income attributable to a PE under section 9(1)(vii). The Tribunal found the assessee supplied a software product (cloud-delivered) for onward resale, not the provision of technical services, and that contractual documents and invoices did not demonstrate rendering of FTS. Grounds of the assessee were allowed and the taxability contention was rejected.
ITAT held that the Revenue failed to establish an indelible nexus between amounts received and consideration for rendering technical services; accordingly, receipts from sale of security software to the distributor do not constitute Fees for Technical Services under Article 12(3)(b) of the India-Ireland DTAA nor taxable as business income attributable to a PE under section 9(1)(vii). The Tribunal found the assessee supplied a software product (cloud-delivered) for onward resale, not the provision of technical services, and that contractual documents and invoices did not demonstrate rendering of FTS. Grounds of the assessee were allowed and the taxability contention was rejected.
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