Underwriting commission to a non-resident was not fees for technical services because no technical knowledge was made available.

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....Underwriting commission paid to a non-resident for assuring subscription of an issue was held not to be fees for technical services under the India-UK DTAA or section 9(1)(vii). The Tribunal applied the treaty's make available requirement and found that no technical knowledge, experience or skill was passed on to the Indian clients. It further held that underwriting is only an undertaking to take up any unsubscribed portion of the shares, which does not amount to rendering technical or consultancy services. The commission was therefore not taxable in India, and the Revenue's appeal was dismissed.....