Characterisation of cross-border payments as royalty or service fees determines withholding obligations under tax treaty and domestic law.
Characterisation of cross-border payments under the Income Tax Act and the India-USA DTAA focused on whether payments to a US non-resident constituted royalty or fees for included services under section 9(1)(vii) and Article 12, whether TDS obligations arose, and whether sections 201(1) and 201(1A) could be invoked; the Karnataka High Court and ITAT concluded the payments were not royalty/fees for included services, services were rendered outside India, the payee lacked an Indian permanent establishment, and therefore withholding obligations did not arise.