2014 (2) TMI 1280

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....ssessment Year 2006-07 and 2007-08 respectively. 2. These three appeals have raised common issue regarding borrowed service rendered by the assessee are treated as fee for technical services. Therefore, all these appeals were clubbed and heard together and disposed of by this Composite order. The grounds raised in ITA No.7595/Mum/2010 are as under:- i. The learned AO /Hon'ble Dispute Resolution Panel('DRP') has erred in concluding that borrowed service rendered by the Appellant are in the nature of 'fees for technical services' under Article 12 of the India- Singapore Double Taxation Avoidance Agreement ('India-Singapore Tax Treaty'). ii. The learned AO's order and finding on the evidence submitted is contrary to the details filed befo....

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....ther invited our attention that even the amount paid by the Indian Branch to the head office on account of borrowed service charges has been accepted and decided in favour of the assessee under Mutual Agreement Procedure (MAP) resolution and therefore the same is not taxable. The ld. Counsel has referred letter dated 23/03/2012 to show that under the Mutual Agreement Proceeding, one of the item was borrowed service charges. The ld. Counsel has further pointed that the revenue challenged the decision of this Tribunal before the Hon'ble High Court record the issue involved in the appeal how duly been resolved under MAP and given effect by the Assessing Officer. He has referred the decision of the Hon'ble Jurisdiction High Court dated 23/01/20....