Cost-to-cost reimbursements for IT support services not FIS under India-US DTAA

Inveso Holding Company (US) Inc. Vs ACIT (ITAT Delhi) ITAT Delhi Ruling on Treatment of Cost Reimbursement for IT/Support Services as Fee for Included Services (FIS) under India–USA DTAA Brief facts:  The case concerns the taxability under the India-USA Double Tax Avoidance Agreement (DTAA) of a large sum (Rs. 54.85 crore) claimed as reimbursement of cost for IT and support services by a US-based parent company (Invesco Holding Company) from its Indian Associated Enterprises (AEs). The Assessing Officer (AO) treated the reimbursement as Fee for Included Services (FIS) under Article 12 of th...