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ARTICLE · 12 OCTOBER 2001

Taxing Indo-US Biz-Indian Experience

Tejasve Financial & Consultancy Services
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IndiaTax
Ro Nirmala
Ro Nirmala

Co-written by Mr Raghavachari S Nambi

Introduction:

The developments in the legal domain in India have ignited the interests in respect of taxation of e-commerce transactions. This coupled with the slow down of the economy world over has forced the domestic companies as well as the foreign companies to pay more attention to the tax treaties and examine the tax related issues in respect of cross border transactions. In this article, we propose to dwell upon the salient features of the Indo-US tax treaty convention as the trade between India and USA is gaining more currency.

Taxability

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From the income tax perspective, a non-resident assessee has an option to be governed either by the provisions of the domestic tax laws or the Double Taxation Avoidance Agreement (DTAA), whichever is more beneficial. This position of law is well established and leaves no room for ambiguity or mistake.

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