Receipts doesn’t qualify as FIS under India-USA DTAA as service rendered without transfer of technical know-how

Bain & Company Inc. Vs DCIT (ITAT Delhi) ITAT Delhi held that services are rendered without transfer of technical knowledge, skill, know-how, etc. and accordingly the receipts doesn’t qualify as FIS (Fees for Included Services) under Article 12(4)(b) of the India – USA Double Taxation Avoidance Agreements (DTAA). Facts- The assessee is a non-resident corporate entity and a tax resident of Unites States of America (USA). As stated, the assessee is engaged in the business of providing consultancy services to multinational companies in the field of strategy, performance improvement, organ...