HC held that cross-charges paid by affiliated entities do not ...

Cross-Charges Between Affiliates Not Taxable as Technical Services or Royalties Under India-US Double Taxation Avoidance Agreement

June 2, 2025

Case Laws     Income Tax     HC

HC held that cross-charges paid by affiliated entities do not constitute Fees for Technical Services (FTS) or Fees for Included Services (FIS) under India-US DTAA. The services rendered did not transfer technical knowledge or enable recipient's absorption of specialized skills. Without copyright transfer or substantive knowledge transfer, the payments cannot be construed as royalties. Relying on Supreme Court precedent, the HC directed the Assessing Officer to issue a 'NIL' withholding tax certificate for cross-cost charges, setting aside the original order that sought to impose 15% withholding tax.

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