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TMI Blog2015 (11) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... 8). - - X X X X Extracts X X X X X X X X Extracts X X X X ..... ad held that, firstly, such services do not fall within the ambit of fees for services under article 12 of the Indo-US Double Taxation Avoidance Agreement and moreover, this issue has been settled under the MAP proceedings settled between Government to Government, which must be honoured and followed. Further, in the case of McKinsey and Company Singapore Pte. Ltd. India in I. T. A. No. 8775/Mum/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 260A have later on withdrawn the appeal on the ground that the issue has been settled under MAP. Further, the Tribunal invariably in the cases of the assessee have been consistently holding that the services rendered by the assessee do not fall within the ambit of fees for technical services as defined in article 12(4) of Indo-US Double Taxation Avoidance Agreement ([1991] 187 ITR (St.) 102 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief after observing and holding as under : "Thus, it is clear that the issue involved regarding borrowed service charges was decided by this Tribunal in favour of the assessee and further the Department has resolved that the issue under MAP and consequently withdrawn the appeals filed before the hon'ble High Court. Further, the assessee has filed a letter dated February 12, 2014 thereby state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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