Tribunal held that the assessee has not provided entire correspondence regarding services rendered by it to its associated enterprise. Matter reamended to the assessing Officer to decide a fresh . Tribunal also held that services of corporate guarantee not services of managerial, technical or consultancy . Corporate guarantee fee received by assessee not fees for technical services. The Tribunal held that the assessee raised the issue that education cess and secondary and higher education cess was not applicable while taxing the income on gross basis under the Double Taxation Avoidance Agreement between India and France ,held, that in view of the provisions of the India-France Agreement on the issue being similarly worded as the provisions of the India-U. K. Agreement, the Assessing Officer was directed to delete the education cess and secondary and higher education cess levied on the Income-tax on gross basis under the India-France Agreement . As regards reimbursement of expense, matter remanded to the Assessing Officer . ( AY.2011-12, 2012-13)
Jcdecaux S. A. v. ACIT (2020) 79 ITR 222( Delhi ) (Trib)
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services -Management services to associated enterprise —Matter remanded to the Assessing Officer – Services of corporate guarantee not services of managerial, technical or consultancy services – Education cess and secondary and higher education Cess — Not applicable while taxing income on gross basis under tax treaty —
DTAA- India -France – Reimbursement of expense -Matter remanded to the Assessing Officer . [ S.92C, Art. 13(3) ]