https://www.taxtmi.com/caselaws?id=799764 Under Article 12 of the India-USA DTAA, market-data charge reimbursements do not constitute royalty where the facts are indistinguishable from earlier coordinate-bench treatment. Cost-to-cost recoveries of seconded employees' salaries and related expenses likewise fall outside fees for included or technical services where no material factual distinction is shown. Consistency requires adherence to an earlier appellate determination in the absence of a factual or legal distinction; the pendency of a further Revenue appeal does not justify a contrary treaty characterisation. Both receipt categories are therefore excluded from taxation on the recorded facts. en-us Wed, 16 Sep 2026 00:00:00 +0530 Sat, 26 Sep 2026 08:31:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=799764 Under Article 12 of the India-USA DTAA, market-data charge reimbursements do not constitute royalty where the facts are indistinguishable from earlier coordinate-bench treatment. Cost-to-cost recoveries of seconded employees' salaries and related expenses likewise fall outside fees for included or technical services where no material factual distinction is shown. Consistency requires adherence to an earlier appellate determination in the absence of a factual or legal distinction; the pendency of a further Revenue appeal does not justify a contrary treaty characterisation. Both receipt categories are therefore excluded from taxation on the recorded facts. Case-Laws Income Tax Wed, 16 Sep 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=799764