https://www.taxtmi.com/caselaws?id=435720 The Tribunal dismissed the Department's appeal, affirming the CIT(A)'s decision that payments to Oilstone Technology, UAE, were categorized as Fees for Technical Services (FTS) and not royalty. These payments were not taxable in India due to the absence of an FTS clause in the India-UAE DTAA and the lack of a Permanent Establishment (PE) of Oilstone UAE in India. The Tribunal also condoned the appeal's delay due to the COVID-19 pandemic, aligning with the Apex Court's directions. en-us Tue, 21 Mar 2023 00:00:00 +0530 Mon, 05 Feb 2024 13:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=435720 The Tribunal dismissed the Department's appeal, affirming the CIT(A)'s decision that payments to Oilstone Technology, UAE, were categorized as Fees for Technical Services (FTS) and not royalty. These payments were not taxable in India due to the absence of an FTS clause in the India-UAE DTAA and the lack of a Permanent Establishment (PE) of Oilstone UAE in India. The Tribunal also condoned the appeal's delay due to the COVID-19 pandemic, aligning with the Apex Court's directions. Case-Laws Income Tax Tue, 21 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=435720