FTS Not Taxable Under Article 22 as India-Thailand DTAA Treats It as Business Income: ITAT Delhi

Denso International Asia Co. Ltd. Vs ACIT (ITAT Delhi) The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) partly allowed the appeal of a Thailand-based company for Assessment Year 2021-22, holding that fees received from Indian group companies for technical and management services could not be taxed in India under the residual “Other Income” provision contained in Article 22 of the India-Thailand Double Taxation Avoidance Agreement (DTAA). The assessee, a tax resident of Thailand engaged in providing business administration, material engineering, design, development, testi...