‘Make Available’ Test Fails: IT Support Reimbursement Not FIS Under India’s DTAA

Invesco Holding Company (US) Inc. Vs ACIT (ITAT Delhi) Routine IT Support Not Taxable as FIS Under India–US DTAA- No ‘Make Available’ of Technology – Cost-to-Cost Reimbursements Not Income in India -ITAT Delhi Deletes ₹54.85 Cr Addition; No Profit, No Tax: Cost-to-Cost Reimbursement for IT Services Excluded from Indian Income ITAT Delhi deleted an addition of ₹54.85 crore made on reimbursements for IT support services received by Invesco Holding Company (US) Inc., holding that such payments were not taxable as Fees for Included Services (FIS) under Article 12 of the India–US DTAA...