https://www.taxtmi.com/caselaws?id=447089 ITAT Delhi ruled that subscription, professional and training services provided by the assessee through software access do not constitute fee for technical services (FTS) under either the Income Tax Act or Double Taxation Avoidance Agreement. The tribunal held that merely granting access to software without technology transfer does not qualify as FTS, citing SC precedent in Kotak Securities Ltd where common services required for trading were distinguished from specific technical services. The income was held not taxable in India, and the assessee's grounds were allowed. en-us Wed, 13 Dec 2023 00:00:00 +0530 Mon, 18 Dec 2023 08:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447089 ITAT Delhi ruled that subscription, professional and training services provided by the assessee through software access do not constitute fee for technical services (FTS) under either the Income Tax Act or Double Taxation Avoidance Agreement. The tribunal held that merely granting access to software without technology transfer does not qualify as FTS, citing SC precedent in Kotak Securities Ltd where common services required for trading were distinguished from specific technical services. The income was held not taxable in India, and the assessee's grounds were allowed. Case-Laws Income Tax Wed, 13 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447089