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TMI BlogTaxation of International Consulting Services: Navigating the ComplexitiesX X X X Extracts X X X X X X X X Extracts X X X X ..... quot;Fees for Technical Services" (FTS) under Article 13 of the India-UK Double Taxation Avoidance Agreement (DTAA) and Section 9(1)(vii) of the Income Tax Act, 1961? * If not, can the income be taxed under Article 7 of the DTAA as business profits attributable to IMG's Service Permanent Establishment (PE) in India? ARGUMENTS PRESENTED Primary contentions of the parties (anonymized): Appellant (IMG): * The fees received do not constitute FTS under Article 13 of the DTAA as the "make available" condition is not satisfied. * The fees are not taxable u/s 9(1)(vii)(b) of the Act as the services were utilized for earning income from a source outside India. * Alternatively, if the fees are taxable, they should be att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technical knowledge or skills to BCCI, and hence the "make available" condition was not fulfilled. Section 9(1)(vii)(b) Exception: The Court examined the legislative intent behind the exception provided in Section 9(1)(vii)(b) and concluded that the source of income, and not the receipt, should be situated outside India for the exception to apply. Since the IPL tournaments were held outside India, the services rendered by IMG were utilized outside India and were integral to earning income from a source outside India, satisfying the exception. Treatment of precedents: The Court relied on the principles laid down in GVK Industries and Ishikawajima regarding the territorial nexus required for taxability of non-residents and the int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side India. * The territorial nexus principle is crucial in determining the taxability of non-residents, and DTAAs must be interpreted in light of international conventions. Implications of the ruling: This ruling clarifies the scope of FTS and the "make available" condition under DTAAs, providing guidance on the taxation of international consulting services. It also reinforces the importance of the territorial nexus principle and the exceptions provided in domestic tax laws for income earned from sources outside India. DOCTRINAL ANALYSIS Legal principles discussed: * The "make available" condition for FTS under DTAAs * The territorial nexus principle in international taxation * The source rule and residence- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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