https://www.taxtmi.com/caselaws?id=310054 A non-resident French company's corporate guarantee commission was held not taxable in India because the guarantee was furnished in France to a French bank, the transaction was entirely executed in France, and no service was rendered in India. The Tribunal applied its earlier rulings in the assessee's own case and held that the income neither accrued nor arose in India, nor could it be deemed to accrue in India under the Income-tax Act, 1961. It further held that Article 23.3 of the India-France DTAA applied only where the income arose in India, which was not satisfied on these facts, so the commission was outside Indian tax net. en-us Mon, 09 Jan 2017 00:00:00 +0530 Wed, 04 Oct 2023 20:59:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310054 A non-resident French company's corporate guarantee commission was held not taxable in India because the guarantee was furnished in France to a French bank, the transaction was entirely executed in France, and no service was rendered in India. The Tribunal applied its earlier rulings in the assessee's own case and held that the income neither accrued nor arose in India, nor could it be deemed to accrue in India under the Income-tax Act, 1961. It further held that Article 23.3 of the India-France DTAA applied only where the income arose in India, which was not satisfied on these facts, so the commission was outside Indian tax net. Case-Laws Income Tax Mon, 09 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310054