DCIT (IT)-2(2)(1), MUMBAI, MUMBAI vs. ESAB HOLDINGS LIMITED, LONDON
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the services rendered were primarily managerial and did not 'make available' technical knowledge or skills to the Indian company, thus not falling under the definition of FTS as per the India-UK Tax Treaty. Therefore, the income was not taxable in India.
What were the facts?
The assessee, a UK resident, provided management services to an Indian group company. The revenue treated the income from these services as Fees for Technical Services (FTS) taxable in India, while the assessee claimed it as business income not taxable due to the absence of a Permanent Establishment (PE) and the services not meeting the 'make available' clause of the India-UK Tax Treaty.
What were the issues?
Whether management services provided by a non-resident to an Indian entity constitute Fees for Technical Services (FTS) taxable in India under the India-UK Tax Treaty, specifically considering the 'make available' clause.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(8)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. De Beers India Minerals (P.) Ltd.371 citing346 ITR 467 · 2012 · HC
- US Technology Resources (P) Ltd. v. CIT34 citing97 Taxmann.com 642 · 2018 · HC
- Exxon Mobil Company India Pvt. Ltd. v. Addl. CIT22 citing92 Taxmann.com 5 · 2018 · ITAT
- N.M. Rothchild & Sons Ltd. v. Deputy Commissioner of Income-tax, (International Taxation)8 citing152 Taxmann.com 18 · 2023 · HC
- Xansa India Ltd. v. DCIT7 citing75 Taxmann.com 123 · 2016 · HC
- NTT Asia Pacific Holdings Pte Ltd. v. ACIT6 citing141 Taxmann.com 137 · 2022 · ITAT
- Exxon Mobil Company India (P.) Ltd. v. ACIT5 citing160 Taxmann.com 761 · 2024 · ITAT
- US Technology Resources (P) Ltd. v. CIT4 citing164 Taxmann.com 468 · 2024 · ITAT
Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI
Before: SMT BEENA PILLAI & SHRI RATNESH NANDAN SAHAY
O R D E R
Per : Ratnesh Nandan Sahay, Accountant Member:
This appeal has been filed by the revenue against the Order of the Ld. CIT (Appeals) passed u/s. 250 of the Income Tax Act [the ‘Act’ in short]
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