9911796707
TMI Blog2023 (10) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... LD THAT:- Tribunal, in concluding that services offered by the respondent/assessee to its Indian affiliates did not come within the purview of FTS, as reflected in Article 12(4)(b) of the Indo-Singapore DTAA, concluded that they did not fulfil the criteria of make available principle. According to the Tribunal, the agreement between the respondent/assessee and its Indian affiliate had been effective from 01.01.2010, and if, as contended by the appellant/revenue, technical knowledge, experience, skill, and other processes had been made available to the Indian affiliate, the agreement would not have run its course for such a long period. We tend to agree with the analysis and conclusion arrived at by the Tribunal. No substantial quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hort, FTS ], having regard to the provisions of India-Singapore Double Taxation Avoidance Agreement [in short, Indo-Singapore DTAA ]. 8. The record shows that the Assessing Officer (AO), via the draft assessment order dated 28.09.2021, concluded that the services provided by the respondent/assessee to the Indian subsidiary were in the nature of management support services and hence, taxable at the rate of 10% plus surcharge and education cess under the Indo-Singapore DTAA. 9. The objections lodged before the Dispute Resolution Panel (DRP) by the respondent/assessee did not result in success. The DRP proceeded to reject the objections filed by the respondent/assessee. Consequently, the final assessment order dated 30.03.2020 was pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not have run its course for such a long period. 14.1 Notably, this aspect is adverted to in paragraphs 17 to 23 of the impugned order. For convenience, the relevant paragraphs are extracted hereafter: 17. A perusal of the aforementioned provision shows that in order to qualify as FTS, the services rendered ought to satisfy the make available test. Therefore, in our considered opinion, in order to bring the alleged managerial services within the ambit of FTS under the India-Singapore DTAA, the services would have to satisfy the make available test and such services should enable the person acquiring the services to apply the technology contained therein. 18. As mentioned elsewhere, the agreement is effective from 01.01 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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