Sharing of management experience and business strategies by a foreign professional cannot be termed as technical service under India-USA tax treaty

Wockhardt Ltd. v/s ACIT – [2011]  (Mumbai – ITAT) Facts ISSUE NO. I The assessee was an Indian company engaged in the business of manufacturing pharmaceuticals. It paid USD 80,000 to a non-resident named C.K. Prahlad Inc. (“CKP Inc.) of USA without withholding any tax at source thereon. CKP Inc. of USA was a company incorporated under laws of the USA. CKP Inc. had sent one of its professionals (Mr. C.K. Prahlad), being a management guru, to India for a period of two days to address the conference on future strategy which was held for the benefit of the employees of the assessee. T...