appreciating the fact that the payments, even if construed as
FTS, were made in respect of services utilized in a business
outside India ... made
available" to the assessee as mandated by the Royalties/FTS
Article of the relevant DTAA for the payments to be construed
as FTS
assessee falls within the meaning of fee for
Technical services(FTS) as per explanation 2 to Sec.9(1)(vii) of Income
Tax Act, hence ... thought and dealing with India Thailand tax treaty, which does not have
FTS clause, rejected the claim of the revenue that even though the Thai
nature of payment made
towards "fees for technical services (FTS)" and accordingly
taxable income in India in the hands of the recipients ... FTS clause in DTAA
3. 6,87,281 9,45,571 4,45,237 No make available
services
rendered outside India is outside the scope of definition of FTS
before amendment to Section 9(1)(vii) by the Finance Act,
2010 with ... submitted that DTAA between India and Mauritius is silent
about taxation of FTS and once the DTAA does not provide for
taxation of FTS
that there is no specific clause
relating to Fees for Technical Services (FTS) in the India-UAE DTAA.
It was submitted once the income chargeable ... DTAA
are characterized by excluding the FTS, then scope of taxing the said
income as FTS cannot be expanding by importing the said provision
from
2024
and would fall under the category of Fees for Technical services
(FTS) as per the India and Italy DTAA and thus the AO issued ... servicing the
tractors and the said receipt is treated as a FTS as per the Act and
the DTAA and was treated as liable
assessee
outside India. Hence, these payments under the category of FTS
is not taxable in India.In this regard, reliance was placed on the
decision ... appellant claims that as the Income is not in the
nature of FTS. it must be treated as business Income in the
hands of WFPL
nature of Fees for technical Services (in short "FTS") as per
Explanation-2 to Sec.9(1)(vii) of the Act, and thus ... further, said services is a simpliciter marketing services, does not
come under FTS as per Explanation
Appellant was required to pay a fee (hereinafter referred to as FTS) amounting
to 3% of its turnover. From FY 2012-13, the appellant received ... quality and health safety measures, etc., this
warranted the additional payment of FTS. Accordingly, vide addendum to the
11
FTS Agreement, the rate of FTS
Appellant was required to pay a fee (hereinafter referred to as FTS) amounting
to 3% of its turnover. From FY 2012-13, the appellant received ... quality and health safety measures, etc., this
warranted the additional payment of FTS. Accordingly, vide addendum to the
11
FTS Agreement, the rate of FTS
