https://www.taxtmi.com/caselaws?id=774890 Guarantee fees received by a South Korean resident from an Indian subsidiary were treated as not falling within the treaty articles on immovable property, business profits or interest. The receipt was therefore considered under the India-Korea DTAA residual other-income clause, under which taxing rights rested exclusively with the state of residence. Domestic-law accrual and deemed-accrual provisions did not change that treaty allocation. The guarantee fee was consequently held not taxable in India, and the related addition was unsustainable. The connected stay application became infructuous after the substantive taxability issue was resolved. en-us Mon, 30 Jun 2025 00:00:00 +0530 Tue, 15 Jul 2025 10:30:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=774890 Guarantee fees received by a South Korean resident from an Indian subsidiary were treated as not falling within the treaty articles on immovable property, business profits or interest. The receipt was therefore considered under the India-Korea DTAA residual other-income clause, under which taxing rights rested exclusively with the state of residence. Domestic-law accrual and deemed-accrual provisions did not change that treaty allocation. The guarantee fee was consequently held not taxable in India, and the related addition was unsustainable. The connected stay application became infructuous after the substantive taxability issue was resolved. Case-Laws Income Tax Mon, 30 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=774890