Delhi ITAT holds that
payment made by assessee company to individuals (resident of Germany and
Switzerland) for AY 2008-09 and 2009-10 cannot be taxed as
'fees for technical services' under Article 12 of India Germany and India
Switzerland DTAA, TDS u/s 195 inapplicable; Perusing the evidence in the form
of copies of trials conducted by NR, email exchanges and working protocol, ITAT
holds that services rendered were 'independent scientific services' falling
under Article 14 - 'independent personal services', but same cannot be brought
to tax in India absent a fixed base in India or non-resident
recipients staying in India for 120 days or more; Rejects Revenue's
contention that services would fall under Article 12, holds that Article 14
being a more specific provision applicable to professional services provided by
individuals, it would prevail over general provisions under Article 12 which
applies to all types of taxpayers; Also rejects Revenue's reliance on earlier
year ruling in assessee's own case where applicability of Article 14 was
rejected as assessee failed to prove that services were independent scientific
services, notes that in the year under consideration, assessee had provided
enough evidence to prove the nature of services provided by non-resident
individuals:ITAT
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