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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 ..... vernment 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, 8778, 8779, 8780, 8781 /Mum/ 2011(assessment year 2008-09) and 8775 /Mum/ 2011(assessment year 2007-08). - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Taxation Avoidance Agreement. All these assessees are part of the McKinsey group, which are engaged in providing strategic consultancy services to their clients. He further submitted that a similar issue had come up for consideration, not only in the earlier years but also in the subsequent years, before the Tribunal in several cases of the concerned assessees. The Tribunal in all the cases inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the admitted fact 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. Not only this, the Department in the appeal filed before the High Court in the earlier y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered by the assessees are not taxable in India under article 12 and also it is an admitted fact that the assessee do not have any permanent establishment in India and therefore, the same is not taxable under the treaty. 5. Now coming to the McKinsey and Company Singapore, Pte Ltd., we find that this issue has been decided by the Tribunal in the assessment year 2006-07, wherein, the Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already resolved under the mutual agreement procedure, we direct the Assessing Officer to grant the relief accordingly to the assessee after verification of fact that the issues have already been resolved under the mutual agreement procedure. 6. Accordingly, following the same, we direct the Assessing Officer to grant the relief accordingly. 7. In the result, all the appeals of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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