Interplay between Article 9 of India Netherlands DTAA & Transfer Pricing law

These appeals raise an interesting issue with respect to interplay of Article 9 of India Netherlands Double Taxation Avoidance Agreement [Indo-Dutch tax treaty, in short; 177 ITR (St) 72] and TP adjustments under the domestic TP law. This issue, which is common in all the appeals, is one of the facets, in addition to the erosion aspect, of assessee grievance with respect to arm’s length price adjustment, in the income from fees from technical services (FTS) received from its associated enterprise in India. Relevant Extract of the Judgment The assessee before us is a company incorporated in,...