The summary relates to the taxability of management service fees ...

Foreign entity's management fees from Indian entity not royalty under India-Netherlands tax treaty; reimbursements sans markup.

November 29, 2024

Case Laws     Income Tax     AT

The summary relates to the taxability of management service fees received by a foreign entity from an Indian entity under the India-Netherlands Double Taxation Avoidance Agreement (DTAA). The key points are: The services rendered do not constitute "royalty" under Article 12(4) of the DTAA as there is no "make available" of technical knowledge, experience, skill, know-how, or process. The management service fees charged are an allocation of costs without any mark-up, and hence are in the nature of reimbursements, not royalty. Consistent with previous years' rulings, the Tribunal held that the services do not fall within the scope of "royalty" under the DTAA, and the payments received are reimbursements without mark-up, thus not taxable in India. The Tribunal directed the Assessing Officer to examine and grant appropriate credit for tax deducted at source amounting to Rs. 3,89,05,708/- as per Form 26AS.

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