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TMI Blog2021 (9) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... India in the office of BTIN from where the appellant could have conducted its business in India. TPO has examined the international transactions and has accepted the same to be at ALP, we do not find any merit the additions made by the DRP. We accordingly, direct the AO to delete the addition of income attributable to PE - Decided in favour of assessee. Non-treatment of the managerial services as Fee for Technical Services - HELD THAT:- As decided in own case [ 2020 (10) TMI 1205 - ITAT DELHI] intermediary services rendered by the appellant do not make available any technical knowledge, skill etc to BTIN and BTIN is not a equipped to apply technology contained in services rendered by the appellant. The intermediary services provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IN is the PE of the appellant in India without appreciating the true facts that the appellant has no place of disposal in India in the office of BTIN from where the appellant could have conducted its business in India.............. 44. Considering the facts in totality, and also the fact that the TPO has examined the international transactions and has accepted the same to be at ALP, we do not find any merit the additions made by the DRP. We accordingly, direct the Assessing Officer to delete the addition of income attributable to PE amounting to Rs. ...... 5. Since, there is no material change in the facts of the case and the legal proposition of the issue, we hereby allow the appeal of the assessee on this ground. 6. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; only if the twin test of rendering services and making technical knowledge available at the same time is satisfied. For this, we derive support from the decision of the Hon'ble Karnataka High Court in the case of De Beers India Minerals Private Limited 346 ITR 467. 26. In consideration of totality of facts, we are of the opinion that the intermediary services rendered by the appellant do not make available any technical knowledge, skill etc to BTIN and BTIN is not a equipped to apply technology contained in services rendered by the appellant . Therefore, the intermediary services provided by the appellant to BTIN do not tantamount to FTS and accordingly, shall not be taxable in India. 8. Since, there is no material chang ..... X X X X Extracts X X X X X X X X Extracts X X X X
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