https://www.taxtmi.com/caselaws?id=765404 ITAT Ahmedabad ruled that cost recoveries received by assessee from affiliates did not qualify as Fees for Technical Services under India-Netherlands DTAA as the "make available" clause was not satisfied. The tribunal held that services lacked transfer of technical knowledge, experience, and skill required under Article 12. However, cost allocations were deemed taxable as assessee failed to demonstrate only precise costs were recovered without income element. Tax rate was limited to 10% inclusive of surcharge and cess per treaty provisions. Issues regarding TDS credit and refund adjustments were remanded to Assessing Officer for verification. en-us Mon, 25 Nov 2024 00:00:00 +0530 Fri, 31 Jan 2025 07:54:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765404 ITAT Ahmedabad ruled that cost recoveries received by assessee from affiliates did not qualify as Fees for Technical Services under India-Netherlands DTAA as the "make available" clause was not satisfied. The tribunal held that services lacked transfer of technical knowledge, experience, and skill required under Article 12. However, cost allocations were deemed taxable as assessee failed to demonstrate only precise costs were recovered without income element. Tax rate was limited to 10% inclusive of surcharge and cess per treaty provisions. Issues regarding TDS credit and refund adjustments were remanded to Assessing Officer for verification. Case-Laws Income Tax Mon, 25 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765404