Corporate guarantee fee paid to a non-resident entity is chargeable as Fees for Technical Services under Article 12 or Article 11 of the Double Taxation Avoidance Agreement?
Court :
ITAT New Delhi
Brief :
These are two appeals filed by the assessee against the order of the ld CIT(A)-5, Delhi dated 04.09.2015 for the Assessment Year 2009-10 and 2010-11 wherein disallowance made by the learned assessing officer under section 40 (a)(i) on account of non-deduction of tax at source on guarantee commission paid to lease plan Corporation NV Netherland is confirmed holding it to be payment in nature of „Fees For Technical Services‟ as well as „Interest‟ as per the article 11 and 12 of The Double Taxation Avoidance Agreement [ DTAA] between India and Netherland.
Citation :
ITA No. 6461 & 6462/Del/2015
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