Consultancy service involving substantial technical skill cannot be treated as FIS

Bain & Company Vs Deputy/ACIT (ITAT Delhi) ITAT Delhi held that as per India-USA DTAA provision of consultancy services cannot be treated as FIS merely because the service provider while providing consultancy services had used substantial technical skill and expertise. Facts- The assessee is a non-resident corporate entity and a tax resident of the USA. As stated by AO, the assessee was engaged in the business of providing consultancy services to global clients based in the USA or having USA operations. The assessee also provided support services to other group entities for which it was re...