Foreign Entity's Management Fees Not Taxable in India Under DTAA; No Technical Knowledge Transfer Involved.

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....The summary relates to the taxability of management service fees received by a foreign entity from an Indian entity under the India-Netherlands Double Taxation Avoidance Agreement (DTAA). The key points are: The services rendered do not constitute "royalty" under Article 12(4) of the DTAA as there is no "make available" of technical knowledge, experience, skill, know-how, or process. The management service fees charged are an allocation of costs without any mark-up, and hence are in the nature of reimbursements, not royalty. Consistent with previous years' rulings, the Tribunal held that the services do not fall within the scope of "royalty" under the DTAA, and the payments received are reimbursements without mark-up, thus not taxable in In.........