https://www.taxtmi.com/caselaws?id=789040 Underwriting commission paid to a non-resident for ADR/GDR-related services was not fees for technical services because the arrangement only involved assuming liability for any unsubscribed portion and did not impart technical knowledge, skill, know-how or a process to the Indian recipient. The treaty "make available" test was not satisfied, as the services merely enabled the transaction without transferring any enduring technical capability. The payment therefore fell outside section 9(1)(vii), and the more beneficial India-UK DTAA position under section 90(2) also supported non-taxability. en-us Thu, 26 Mar 2026 00:00:00 +0530 Wed, 01 Apr 2026 11:03:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=789040 Underwriting commission paid to a non-resident for ADR/GDR-related services was not fees for technical services because the arrangement only involved assuming liability for any unsubscribed portion and did not impart technical knowledge, skill, know-how or a process to the Indian recipient. The treaty "make available" test was not satisfied, as the services merely enabled the transaction without transferring any enduring technical capability. The payment therefore fell outside section 9(1)(vii), and the more beneficial India-UK DTAA position under section 90(2) also supported non-taxability. Case-Laws Income Tax Thu, 26 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=789040