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  • Article

    Disallowance Under Section 40(a)(i) On Payment Made To Non-residents – Whether Violative Of Non-Discrimination Article In Tax Treaty?

    The Indian domestic tax laws contain certain provisions which provide differential tax treatment in transactions involving residents and non-residents.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Finance Act 2023 – Taxing Times Ahead For Non-residents!

    The Finance Bill, 2023 (‘Bill') was passed by the Parliament and received presidential assent on 31st March 2023, and is now the Finance Act, 2023 (‘Finance Act').
    IndiaTax
    ALMT Legal
    ALMT Legal
Article

Govt. Of India And Govt. Of NZ Signs Third Protocol To The Convention For Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion

The Protocol also mentions that it shall form an integral part of the Convention and shall remain in force as long as the Convention remains in force and shall apply as long as the Convention itself is applicable.
IndiaTax
S.S. Rana & Co.
S.S. Rana & Co.
  • Article

    Mauritius Tax Treaty 2.0 - Equity Investments Out, Debt Investments In

    An additional provision is also provided detailing the mechanism for the assistance in collection of taxes.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Mumbai Tribunal Grants Treaty Exemption To Singapore Company On Sale Of Grandfathered Shares; Dismisses Allegations Of Conduit Entity And PPT Applicability

    In Fullerton Financial Holdings Pte. Ltd. v ACIT [TS-1458-ITAT-2025], the Mumbai Bench of the Income Tax Appellate Tribunal (Tribunal) allowed capital gains tax exemption benefits to a Singapore entity which is indirectly owned by the Government of Singapore on the sale of grandfathered shares.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Tax Residency Certificate Requirement In India — Bumpy Road Ahead?

    The Indian government has, in the recent past, introduced a mandatory requirement of furnishing Tax Residency Certificate, for non-residents seeking tax treaty benefits.
    IndiaTax
    Danta Transaction Services
    Danta Transaction Services
  • Article

    The India-Mauritius Double Taxation Agreement New Protocol Signed

    If it ain't broke, don't fix it! I guess this age-old wisdom escaped the Mauritian authorities, for they have finally given in to the long-standing pressure of the Indian government to review the double taxation agreement (DTA).
    IndiaTax
    Vistra
    Vistra
  • Article

    Transfer Of Foreign Brands Used In India – Not Taxable In India

    In this case, the owner of intangible assets under consideration was located in Australia. Accordingly, the said intangible assets were held to be located in Australia, i.e., outside India.
    IndiaTax
    Seth Dua & Associates
    Seth Dua & Associates
  • Article

    Dividend Distribution Tax To Be Restricted To Dividend Tax Rate Provided Under The Tax Treaty

    Delhi Tribunal had an occasion to discuss the long-lasting debate over the applicability of the Double Tax Avoidance Agreement (DTAA) rates to the additional income tax levy...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Management Services Not Taxable As ‘Technical Services Under India – UK Tax Treaty: Rules AAR

    CTIL pays Cummins supply management service fees at 5% of the base prices charged by suppliers.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Multilateral Instrument: The Entry-Into-Effect Date Of The Mutual Agreement Procedure Article For The India-United Kingdom CTA

    The table below shows the respective position of India and the United Kingdom on article 16(1) and article 35(4) as per extracts from the database of the OECD Depositary as of 26th November 2020.
    GlobalTax
    China Tax & Investment Consultants Ltd
    China Tax & Investment Consultants Ltd
  • Article

    'Make Available Condition' To Be Applied Even In Case Of Transfer Of Designs/Drawings/Plans

    Recently, in the case of Buro Happold Ltd, the Mumbai Income Tax Appellate Tribunal held that the project-specific technical designs/drawings/plans supplied cannot be treated as FTS...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Indirect Transfers – Evolution Of Law & Recent Dicta

    Indirect transfer controversy has been the most discussed issue in the Indian tax ecosystem. It began when Vodafone International Holdings Ltd acquired an indirect holding in an Indian entity...
    IndiaTax
    Acuity Law
    Acuity Law
  • Article

    Supreme Court Rules That Project Office Undertaking Only Liaising Activities Does Not Constitute A Taxable Presence In India

    The Supreme Court of India (SC) in Director of Income Tax-II (International Taxation) v M/S Samsung Heavy Industries Co. Ltd. (Civil Appeal No. 12183 of 2016)
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Tax & Corporate News Bulletin - July-August, 2015

    In this case, the assessee, engaged in the business of wet-leasing of aircrafts, had acquired four old Boeing aircrafts from a non-resident company outside India.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Tax Street - March 2023

    We are pleased to present the latest edition of Tax Street – our newsletter that covers all the key developments and updates in the realm of taxation in India and across the globe for the month of March 2023.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Teaching Services Provided In India By US Non-Profit Educational Institute(UCLA) Is Not Taxable In India: AAR

    Teaching services provided by a United States' non - profit body in India does not constitute FIS by virtue of Article 12(5)(C) of the India- US DTAA.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Tiger Global After GAAR Treaty Shopping Tax Residency Certificates And What Investors Must Show

    For more than two decades, offshore holding structures using Mauritius and other treaty jurisdictions have been a staple of foreign investment into India, particularly for venture and private equity funds.
    IndiaTax
    Legitpro Law
    Legitpro Law
  • Article

    Foreign Portfolio Investment – Taxing Terrain Ahead

    Capital inflows from foreign portfolio investment have been pivotal for India's economic growth.
    IndiaTax
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Mauritius Route Upheld, Yet Again: Aar Analyzes Control & Management And Commercial Substance Of Structure

    Mauritius company is not chargeable to Indian capital gains tax under India – Mauritius tax treaty, on sale of shares of an Indian company.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Showing 161–180 of 319 results

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