2023 (3) TMI 165

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....- DR ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER:  Captioned appeal has been filed by the assessee challenging the final assessment order passed under Section 144C read with section 143(3) of the Income-Tax Act, 1961 pertaining to assessment year 2014-15, in pursuance to the directions of the Dispute Resolution Panel (DRP). 2. At the outset, learned counsel appearing for the assessee ....

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....e Assessing Officer noticed that in the year under consideration, assessee had provided business support services to its Indian group entity and received payment of Rs.1,49,02,771. However, the amount received was not offered as income on the plea that it is in the nature of business profit and in absence of a Permanent Establishment (PE) in India, it is not chargeable to tax. 5. After consider....

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....not include managerial services. Therefore, he submitted, it cannot be treated as FTS under the DTAA. 8. Without prejudice, he submitted, even assuming that services rendered are in the nature of consultancy services, however, the make available condition has not been satisfied. 9. Learned Departmental Representative strongly relied upon the observations of the Assessing Officer and learned ....

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....agement Services; vii) Marketing Services; viii) Legal Services; ix) Tax Services; x ) Supply Chain Management Services, including purchasing logistics and procurement; & xi ) Quality Management Services. 12. From the nature of services rendered, it is very much evident that they are mostly in the nature of managerial services. Reading of Article-12 ....