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  • Article

    CBDT Issues Guidance On The Application Of Principal Purpose Test (PPT) Under Tax Treaties

    Upon the Multilateral Instrument (MLI) entering into force, PPT has been introduced as a minimum standard in India's tax treaties covered by the MLI.
    GlobalTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Equity Incentives Received In Respect Of Services Rendered In India Are Taxable In India, Rules Tribunal

    Recently, the Mumbai Bench of the Income Tax Appellate Tribunal (Tribunal) delivered an interesting ruling in the case of Unnikrishnan V S v ITO [ITA Nos. 1200 and 1201/Mum/2018]
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
Article

India-Mauritius- Treaty Benefits Dispute Continues

In a recent ruling by the Authority for Advance Ruling in the case of AB Holdings, Mauritius-II, In re [2018] 402 ITR 37 (AAR – New Delhi), applied the commercial purpose test to allow the benefit of...
IndiaTax
Krishnomics Legal
Krishnomics Legal
  • Article

    Information Furnished Under DTAA- Evidentiary Value In Trial

    DTAA (Double Taxation Avoidance Agreement) refers to a Tax Treaty that is entered between two countries. The purpose of such Agreements is to make sure that a person does not suffer duplication of taxes.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    ITAT Holds Section 94B Disallowance Discriminatory Under India–Denmark DTAA; Deletes Entire Interest Limitation Adjustment

    The Chennai Tribunal in the case of Vestas Wind Technology India Pvt. Ltd. v. ITO* has held that disallowance u/s 94B of the Incometax Act, 1961 (“the Act”) cannot be sustained since it violates the non-discrimination clause contained in Article 24(4) of the India– Denmark Double Taxation Avoidance Agreement (“DTAA”).
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    New Financial Year Beginning April 1, 2017: Rebooting Indian Tax Legal Landscape

    The commencement of the new Financial Year beginning April 1, 2017, brings a paradigm shift in the fiscal and tax landscape in India.
    IndiaTax
    Phoenix Legal
    Phoenix Legal
  • Article

    Supreme Court Holds Project Office Undertaking Non-core Activities In India Does Not Constitute Permanent Establishment

    Supreme Court holds Project Office undertaking non-core activities in India does not constitute Permanent Establishment
    IndiaTax
    BDO India LLP
    BDO India LLP
  • Article

    Supreme Court Ruling In Case Of Tiger Global: Key Observations And Takeaways

    Pursuant to the order of AAR, Tiger Global filed a writ petition before the High Court and the High Court quashed AAR's order and held that Tiger Global is entitled to benefits under the DTAA and their income is not chargeable to tax in India...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Tax Street - December 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 globe for the month of...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    TDS On Payment To Non-Resident – How To Claim Treaty Benefits.

    With globalisation and fast expanding businesses beyond Indian territory, Indian Companies avail various kinds of services from Companies and professionals outside India and incur expenses like Royalty, ...
    IndiaTax
    DNV & Co
    DNV & Co
  • Article

    From Vodafone To Tiger Global — A Constitutional Reset

    The recent Supreme Court ruling in the Tiger Global matter marks a decisive shift in Indian international tax jurisprudence, which for over a decade had been shaped by the Court's landmark decision...
    IndiaCorporate/Commercial Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    'Most Favored Nation' Clause In Tax Treaties, Not Automatically Favorable

    In a significant judgment that can have far-reaching ramifications concerning interpretation of Double Taxation Avoidance Agreements (DTAA), the Supreme Court of India, in a group of matters...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    CBDT Clarifies The Legal Interpretation Of The MFN Clause

    To bring parity in the tax treatments for the Organisation for Economic Cooperation ad Development (OECD) member nations, the concept of Most Favoured Nation (MFN)...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Foreign Investors Threatened By Indian Measures Seek Remedies Through International Investment Arbitration

    The Indian government recently began implementing taxation and telecom license cancelation measures that may affect a large number of foreign investors.
    IndiaTax
    Latham & Watkins
    Latham & Watkins
  • Article

    Indian Government Notifies A Lower Rate Of Tax For Fees For Technical Services And Royalty Under India-Spain DTAA

    Recently, in a significant ruling of Nestle SA, the Supreme Court of India had examined the interpretation of the Most Favoured Nation (MFN) clause in Indian treaties with OECD member countries.
    IndiaTax
    Atharv Advisors
    Atharv Advisors
  • Article

    ITAT: Equity Oriented MF Units, Not ‘Shares'; STCG Not Taxable Under India-UAE Treaty

    The Income Tax Appellate Tribunal, Cochin ruled that Short Term Capital Gains earned by Sri K.E. Faizal (assessee) through alienation of units of ‘equity oriented mutual funds' are not taxable in India in view of ...
    IndiaTax
    Nangia & Co
    Nangia & Co
  • Article

    Newsletter January 2020

    The Government has notified e-assessment (online assessment) scheme for conducting faceless scrutiny assessment of all the Income Tax returns.
    IndiaTax
    DNV & Co
    DNV & Co
  • Article

    Revisiting The Nature Of Dividend Distribution Tax In India

    Dividend taxation in India has historically been one of the shifting and contested areas of direct taxation punctuated by doctrinal uncertainties, conflicting tribunal and court decisions and eventual legislative reforms.
    IndiaTax
    Legitpro Law
    Legitpro Law
  • Article

    India Parliament Ratifies Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act

    On 13 May 2015, the India Parliament ratified the Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015.
    IndiaTax
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Switzerland Suspends Application Of Most Favoured Nation (MFN) Clause For India-Switzerland Tax Treaty

    Switzerland and India entered into a Double Taxation Avoidance Agreement (DTAA) on 2 November 1994, with subsequent amendments through protocols on 16 February 2000...
    GlobalTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Showing 81–100 of 319 results

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