Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
The UN Model Commentary provides some examples.
The access to a database will, in most cases, be of a
routine nature while the creation of a customized database
qualifies as technical services (Nos. 90, 91 UN Model
Convention Comm. on article 12A). Yet, the selective
ITA 202/2022 & Connected Matters
14:23:05
access to some databases according to the established
needs of clients is equivalent to the creation of a custom
database and can thus also be qualified as a technical
service. Financial services such as payment and
transmission services, banker's drafts, foreign exchange,
debit and credit card services, and negotiable instruments
are general products that are routinely made available to
clients by financial institutions (No. 95 of UN Model
Convention Comm. on article 12A). Payments for services
rendered to a specific customer upon request in addition to
transaction processing services such as warning bulletin
fees for listing invalid or fraudulent accounts, cardholder
service fees, fees for programme management services,
account and transaction enhancement services fees,
hologram and publication fees, and fees for advisory
services are not a standard facility and constitute fees for
technical services. If the financial institution provides,
e.g., advice to a company that is resident in the other
Contracting State with respect to a potential merger or
acquisition involving this company, then article 12A of the
UN Model Convention is applicable (No. 96 UN Model
Convention Comm. on article 12A)...