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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts
The Taxpayer, a French Company provided a corporate guarantee to a French bank (bank). In lieu of such guarantee, the Indian branch of the bank provided loan to the Indian subsidiaries (ICo) of Taxpayer. ICo paid guarantee commission to the Taxpayer towards the guarantee given to the bank. The AO contended that the guarantee commission paid to the taxpayer arises in India and therefore, was taxable under “Other income” Article 23 of the India-France DTAA , for the following reasons

The guarantee had been provided for the purpose of raising finance by an Indian company
Finance was raised in India and the benefits were availed by Indian subsidiaries
Finance requirement was met by Indian branch of the French bank.
The Taxpayer, however, contended that guarantee commission did not arise in India and accordingly was not taxable in India.
Held
On appeal, ITAT held:
Guarantee commission received by the taxpayer does not accrue or arise in India, nor is it deemed to accrue or arise in India and therefore, it is not taxable in India under the Act.
Guarantee was given by a French company to a French bank in France. Therefore, such guarantee commission arises in France and not in India. Therefore, guarantee commission paid to the Taxpayer is not taxable in India under Article 23(3) of the DTAA .