Services rendered to Indian Insurance Company in the process of re-insurance of risk cannot be treated as ‘Fees for Technical Services’ under India-UK tax treaty

Guy Carpenter & Co. Ltd., Vs. ADIT (ITAT Delhi) – In the present case, the New India Insurance Co. or other Insurance Company in India, who avails the services of the assessee as a broker in the process of the re-insurance of the risk is left with no technical knowledge, experience, skill, know-how or processes so as to bring the services rendered by the assessee within the ambit of Article 13(4)(c) of the Treaty. As already observed above, the nature of services rendered by the assessee are also not in the nature of any technical or consultancy services which make available technica...