N.M. Rothschild & Sons Limited vs DCIT
Parties Involved
Facts Summary
This appeal is filed by N.M. Rothschild & Sons Limited against the final assessment order dated 20/01/2023 passed under section 143(3) read with section 144C(13) for the assessment year 2020-21. The assessee raised several grounds of appeal, primarily challenging the addition of amounts earned for services rendered under a group services agreement and advisory services, which were treated as Fees for Technical Services (FTS) under Article 13 of the India-UK Double Taxation Avoidance Agreement (DTAA). The assessee argued that the services rendered did not make available technical knowledge to the recipient and hence were not taxable in India. The factual matrix of the case is identical to previous assessment years 2018-19 and 2019-20, where similar issues were considered.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the notice issued under section 143(2) of the Act is without jurisdiction.
- 2. Whether the addition of INR 2,47,83,056/- earned for services rendered under group services agreement is correctly treated as FTS under Article 13 of the India-UK DTAA.
- 3. Whether the addition of INR 4,34,67,740/- earned for advisory services is correctly treated as FTS under Article 13 of the India-UK DTAA.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
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