https://www.taxtmi.com/caselaws?id=789040 Underwriting and related investment banking services performed for ADR/GDR issues did not satisfy the India-UK DTAA "make available" test because they did not technical knowledge, experience, skill, know-how or processes to the Indian clients for future independent use. The non-resident assessee was entitled under section 90(2) to the more favourable treaty treatment, so the wider domestic definition of fees for technical services under section 9(1)(vii) could not override the treaty. The underwriting fees were therefore not taxable in India as fees for technical services under Article 13 of the DTAA. en-us Thu, 26 Mar 2026 00:00:00 +0530 Thu, 02 Apr 2026 08:50:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=789040 Underwriting and related investment banking services performed for ADR/GDR issues did not satisfy the India-UK DTAA "make available" test because they did not technical knowledge, experience, skill, know-how or processes to the Indian clients for future independent use. The non-resident assessee was entitled under section 90(2) to the more favourable treaty treatment, so the wider domestic definition of fees for technical services under section 9(1)(vii) could not override the treaty. The underwriting fees were therefore not taxable in India as fees for technical services under Article 13 of the DTAA. Case-Laws Income Tax Thu, 26 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=789040