Held, that there was no material on record to demonstrate that the assessee had made available technical knowledge, skill, experience or know-how. The make available condition of article 13(4)(c) of the Double Taxation Avoidance Agreement between India and the U. K. had not been satisfied, and the attribution of 50 per cent. of the receipts for the consultancy services was purely on estimate and without any reasonable basis. Therefore, the addition sustained by the Commissioner (Appeals) is deleted.(AY. 2016-17)
Wolters Kluwer Financial Services Belgium Nv v. Dy. CIT (IT) (2023) 106 ITR 284 / 155 taxmann.com 628 (Delhi) (Trib)
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-No material on record to demonstrate that assessee made available technical knowledge, skill, experience and know-h ow-Commissioner (Appeals) attributing 50 Per Cent. of receipts to consultancy services based on estimate and without any reasonable basis-Addition not sustainable-DTAA-India-UK [ art. 12(3)(b), 13(4) (c ) ]