DTAA

ITAT, DELHI BENCH `G’ : NEW DLEHI DCIT v. Mideast India Ltd., Appeal No. TA No. 638/Del/2007 Dated: January 9, 2009 SUMMARY The entire income earned by the assessee company in USSR through its PE was chargeable to tax in that country as per Article 7(1) of the DTAA between India and USSR. RELEVANT PARAGRAPHS: [...] Full Article

NOTIFICATION NO: 5/2009, Dated : January 7, 2009 Whereas the annexed Convention between the Government of Republic of India and the Council of Ministers of Serbia and Montenegro for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital was signed at New Delhi on the 8th day of February, 2006; [...] Full Article

Income tax – India-UK DTAA – software licensing – income arising from allowing ‘right to use’ to Indian software buyers is actually sale of copyrighted article which does not involve transfer of copyright and such receipt is not royalty either under Sec 9(1)(vi) or under DTAA: ITAT   IN THE INCOME TAX APPELLATE TRIBUNAL DELHI [...] Full Article

Any amount received by a non-resident in pursuance of an agreement made before 1-4-2003 is to be governed by the provisions of section 44D of the Income-tax Act; the words `according to the domestic law of the contracting State in which the PE is situated’ appearing in Article 7(3) of DTAA between India and Germany [...] Full Article

The government may introduce provisions in the new direct tax code to prevent misuse of double taxation avoidance agreements India has with other countries. The new code is likely to be unveiled before the year ends. A government official said a discussion paper on the code, a major initiative undertaken under the guidance of the former finance minister and present home minister P Chidambaram, is being fine-tuned. Full Article

Since August last year, the world has been watching. It all began with a show cause notice issued to Vodafone BV (based in the Netherlands), holding it to be an “assessee in default” for not withholding tax at source when it made payments to a Hutchison Group company (based in Cayman Islands) for acquiring shares of another Cayman Island company. Full Article

CIT VS. SIEMENS AG (BOMBAY HIGH COURT) If the Tribunal has answered an issue and that has not been challenged by the revenue, it will not be open to the revenue to raise the said issue again in respect of the same assessee; The judgement of the Supreme Court in Ishikawajima-Harima Heavy Industries vs. DIT 288 ITR 408 (SC) has been overcome by the Explanation to s. 9 inserted by the FA 2007 which provides that income from royalty paid by a resident would be deemed to accr.. Full Article

A Double Taxation Avoidance Agreement was signed between India and Tajikistan today, i.e. 20th November, 2008. The Agreement was signed by Mr. Narendra Bahadur Singh,Chairman, Central Board of Direct Taxes on behalf of Government of India and by Mr. Norinov Jamshed Nurmahmadovich, Deputy Minister of Finance of the Republic of Tajikistan on behalf of the Government of Tajikistan. Full Article