Customer-referral commission is business income, not fees for technical services, where no know-how is made available.

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Full Text of the Document

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....Customer-referral commission, calculated as a fixed percentage of sales to referred customers, does not constitute fees for technical services under the India-Netherlands tax treaty or the Act where no technical or consultancy service, design, technology, or know-how is provided or made available for independent future use. Such commission is business income and is not taxable in India under the treaty in the absence of a permanent establishment. Beneficial treaty treatment must be given effect, and withholding-tax credit relating to interest on income-tax refunds must be granted in accordance with law.....