Dubai Branch of assessee-Swiss company received referral fee from an Indian company for referring an Indian resident client for bringing out issue of convertible bonds. Held that referral fee is in nature of commission to be taxed as business income and not as fees for technical services. Since impugned fee could not be considered to be attributable to assessee’s PE in India, same is not liable to be taxed in India as per article 7. (AY. 2015-16)
ACIT(IT) v. Credit Suisse AG. (2022) 197 ITD 209 (Mum.) (Trib.)
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Dubai branch-Referral fee-Swiss company received fee from an Indian company for referring an Indian resident client for bringing out issue of convertible bonds-Fee is in nature of commission to be taxed as business income and not as fees for technical services-Fee not attributable PE in India the same is not taxable in India-DTAA-India-Switzerland. [S. 9(1)(vii), Art. 7, 12]