Interactive flat panels meeting automatic data processing conditions are distinguished from monitors, while later classification clarifications apply ...
Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
ITAT held that the consideration received by the assessee, a Netherlands tax resident, for rendering business support services to its Indian group entity is not taxable in India as fee for technical services under Article 12 of the India-Netherlands DTAA. On examining the nature of services, ITAT concluded they are predominantly managerial and Article 12(5) does not encompass managerial services within FTS. Further, even on an arguendo basis, ITAT found that the "make available" condition was not satisfied, as no technical knowledge, experience, skill or know-how was made available to enable independent use by the recipient. Accordingly, the addition made by the AO was deleted and the assessee's appeal allowed.
ITAT held that the consideration received by the assessee, a Netherlands tax resident, for rendering business support services to its Indian group entity is not taxable in India as fee for technical services under Article 12 of the India-Netherlands DTAA. On examining the nature of services, ITAT concluded they are predominantly managerial and Article 12(5) does not encompass managerial services within FTS. Further, even on an arguendo basis, ITAT found that the "make available" condition was not satisfied, as no technical knowledge, experience, skill or know-how was made available to enable independent use by the recipient. Accordingly, the addition made by the AO was deleted and the assessee's appeal allowed.
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