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  • Article

    No Withholding Tax Applicable On Arbitral Award

    Holds that damages for breach of contract and interest thereon, paid in consequence of an international arbitral award, are not taxable in India under Article 22(1) of the Indo-Swiss DTAA;
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Fate Of Indirect Transfer Tax Post Tiger Global Judgment – Will It Add Hurdles For MNEs?

    Recently, the High Court of Delhi delivered a ruling marking significant victory for international investors. The High Court reversed the findings of the Authority of Advance Ruling ('AAR') in the case of Tiger Global.
    GlobalTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
Article

India Tax Administration Clarifies Its Strict Interpretation Of The ‘Most Favoured Nation' Clause In Tax Treaties

In a significant development, the apex tax administration body of India, the Central Board of Direct Taxes vide its Circular No. 3 of 2022 dated 3 February 2022 has clarified its position with respect to interpretation of MFN clauses ...
IndiaTax
Khaitan & Co.
Khaitan & Co.
  • Article

    India-USA Agree On The Future Of 2% Equalization Levy (2020)

    The tax challenges of digitalisation of economy have been the cornerstone of debate at the Organisation for Economic Co-operation and Development ("OECD") level since 2015.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Legal Case Analysis: Tiger Global - Flipkart Tax Dispute

    The 2026 decision of the Supreme Court in the Tiger Global-Flipkart tax case constitutes to be a landmark development in the international tax law of India
    IndiaTax
    Legitpro Law
    Legitpro Law
  • Article

    MLI Provisions Unenforceable Without Separate Notification: Mumbai ITAT Rejects Tax Authority's Attempt To Deny DTAA Benefit Using Principal Purpose Test

    The Mumbai Bench of the Income-tax Appellate Tribunal (the ‘ITAT') in Sky High Appeal XLIII Leasing Company Limited (‘Taxpayer') delivered a significant ruling in favour of the appellant...
    IndiaTax
    Alvarez & Marsal
    Alvarez & Marsal
  • Article

    Swiss Apex Court Denies Treaty Benefits For Dividend On Securities Acquired For Hedging Derivative Contracts

    The Swiss Federal Supreme Court recently gave an important decision denying treaty relief on dividend payouts in a derivative instrument structure.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Taxability Of Interest On Rupee Loans From Offshore Lenders – A Brewing Controversy

    The interest payable to a non-resident by an Indian borrower is taxable in the hands of such non-resident in India ...
    IndiaTax
    AZB & Partners
    AZB & Partners
  • Article

    Transfer Of Rights Entitlement Is Not Akin To Transfer Of Shares

    The Asssessee , was established in Saudi Arabia and is certified to be a tax resident in Saudi Arabia for the purposes of India-Saudi Arabia DTAA (‘the Treaty').
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Tax Street - October 2020

    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...
    GlobalTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    CBDT Releases The Draft Master File And Cbcr Rules – Global Transfer Pricing Documentation Is A Reality Now

    To demonstrate India's commitment to the BEPS Action Plans, the Indian Finance Act, 2016 has adopted OECD's framework and the revised transfer pricing documentation and CbC reporting is made effective...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Eligibility Of US Based Limited Liability Company To Avail Benefits Under The India-USA DTAA

    In this edition, we have analyzed the recent decision of the Income-tax Appellate Tribunal in the case of General Motors Company USA, affirming the eligibility of US based Limited Liability Companies to avail benefits under the India-USA Double Taxation Avoidance Agreement.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Tax Certainty Come Undone? Mauritius Seller Denied Treaty Benefits, Gains Taxed In India

    Further, Mauritius exempts taxation of capital gains under its domestic tax law.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Tax Street – October 2023

    In legal terms, the Most Favored Nation (MFN) clause in international trade agreements mandates that a country must treat all its trading partners equally...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Taxability Of Dividend – Pre & Post Budget Analysis

    Hon'ble Finance Minister, in her budget speech had proposed to abolish the much-abhorred dividend distribution tax "DDT" on companies/mutual fund.
    IndiaTax
    AMLEGALS
    AMLEGALS
  • Article

    Understanding The Nuances Of Taxation Aspects For Cross Border Transactions In India

    With the increasing globalization, cross-border transactions are integral to modern business strategy.
    IndiaTax
    Ahlawat & Associates
    Ahlawat & Associates
  • Article

    Vivad Se Vishwas Scheme – What Is In It For The Taxpayer?

    In a move to reduce the pending litigations, the Union Budget 2019 had proposed 'Sabka Vishwas'scheme under indirect taxes. The said scheme turned out to be a huge success
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    No Indian Tax On Payments For Commercial Services To Dutch Company: Ahmedabad Tribunal Allows Import Of "Make Available" Test From US Treaty Owing To MFN Clause

    Shell Global Solutions International BV ("the Taxpayer") is a Dutch Company which rendered services to an Indian company.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Obligation To Withhold Tax At The Specific Rate Under Indian Income Tax Law Stands Unaffected By Tax Treaty

    The tax officer however held that Guarantee Money paid to non-resident sports association is in relation to the matches played in India and attracts withholding of tax under section 194E of the IT Act.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SC Upholds Delhi HC Verdict - Racing Circuit Is PE Of Formula One

    On 24 April 2017, the Apex Court upheld the decision of the Delhi High Court in the case of Formula One World Championship Limited v CIT, ...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Showing 181–200 of 319 results

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