2012 (5) TMI 31 - DELHI HIGH COURT

India U.K. DTAA - Reinsurance brokerage/commission with international re-insurance companies – Revenue treated it within the definition of fees for technical services u/s 9(1)(vii) r.w Article 13 of the India U.K. DTAA - Held that:- The assessee company was an international reinsurance intermediary (broker) a tax resident of United Kingdom - not maintaining any office in India and had a referral relationship with reinsurance Broker duly licensed by the Insurance Regulatory & Development Authority to transact reinsurance business in India - the role played by the assessee in the reinsurance process is only rendering intermediary services or facilitator in getting the reinsurance cover for New India Insurance Co - Tribunal rightly held that such receipts would not amount to FTS as the "make available" clause contained in article 13(4)(c) had not been satisfied in the facts and circumstances of the present case – in favour of assessee.