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MCKINSEY AND COMPANY INC ITALY AND OTHERS Versus ASSISTANT DIRECTOR OF INCOME-TAX (INTERNATIONAL TAXATION)

2015 (11) TMI 1117 - ITAT MUMBAI

Taxability of borrowed service charges and the applicability treaty benefits under India-US tax treaty - Held that:- The issue has been settled under the MAP proceedings arrived at settlement between Government to Government level and therefore, honouring the same, we hold that such a borrowed services is not part of fees for technical services/fees for included services and hence not taxable in India. - Decided in favour of assessee - I. T. A. Nos. 8769, 8770, 8771, 8772, 8773, 8774 and 8777, 8 .....

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appeals is with regard to the taxability of borrowed service charges and the applicability treaty benefits under India-US tax treaty. 2. Before us, the learned senior counsel Shri Porus Kaka submitted that out of the twelve matters, in eleven matters, all the assessees companies incorporated and tax residence of the US and are eligible for the claim of benefits under the Indo-US Double Taxation Avoidance Agreement. All these assessees are part of the McKinsey group, which are engaged in providin .....

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e 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/2011, he submitted that the same is also covered by the decision of the Tribunal, wherein, similar view has been taken that the services rendered do not fall within the ambit of fees for technical services as contemplated in the Indo- Singapore treaty. 3. The learned Departmental representative also admitt .....

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60A have later on withdrawn the appeal on the ground that the issue has been settled under MAP.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 ). These orders have been followed in the subsequent year in the assessment year 2009-10 by the Tribunal vi .....

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