DTAA

Countrywise Withholding tax rates / Chart as per DTAA

Income Tax - Country wise Withholding tax rate on Dividend (not being covered under Section 115-O), Interest, Royalty and Fee for Technical Services as updated with amendment carried out by Finance Act, 2017...

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Withdraw proposed amendments to Section 90 & 90A: ICAI

Income Tax - The Finance Bill 2017 proposes to amend sections 90 and 90A of the Act, to provide that where any 'term' used in an agreement entered into under sub-section (1) of Section 90 and 90A of the Act, is defined under the said agreement,...

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Budget 2017: Interpretation of ‘terms’ used in agreement entered U/s. 90 and 90A

Income Tax - Under the existing provisions of Section 90 of the Act, power has been conferred upon the Central Government to enter into agreement with the Government of any country outside India for granting relief in respect of income on which income-tax has been paid both under the said Act and income-tax Act in that foreign country...

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All about Foreign Tax Credit and its Indian Context

Income Tax - Corporate India today serves global needs and brings in overseas income which is chargeable to Indian tax net as a resident of India. Flip side of this paves way for claim for taxes paid at foreign jurisdiction based on the source of income....

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Rule 37BC – The Way Forward!!

Income Tax - The Finance Act 2016 amended the provisions of section 206AA of the Income Tax Act, 1961 (‘Act’) with effect from 01.06.2016, thereby providing that the provisions of section 206AA would not apply to specified payments made to non-residents....

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India Signs MLC to Prevent Base Erosion and Profit Shifting

Income Tax - Finance Minister Shri Arun Jaitley signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting at Paris on 7th June, 2017 on behalf of India....

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Cabinet approves Protocol amending DTAA between India and Portugal

Income Tax - The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing of a Protocol amending the Convention between India and Portugal for avoidance of double taxation. The Protocol will also ensure prevention of fiscal evasion with respect to taxes on income....

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Govt notifies Third Protocol Amending India-Singapore DTAA

Income Tax - Third Protocol amending India-Singapore Double Taxation Avoidance Agreement (DTAA) which was signed on 30.12.2016, has come into force on27.02.2017....

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Rollback provision in revised India-Korea DTAA- Clarification

Income Tax - The Central Board of Direct Taxes (CBDT) has clarified that under the revised India-Korea Double Taxation Avoidance Agreement (DTAA), applications for bilateral Advance Pricing Agreement (APA) involving international transactions with Associated Enterprises in Korea for the APA period beginning Fiscal Year 2017-18 can be filed along with ...

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India & Belgium sign Protocol amending India-Belgium DTAA

Income Tax - The Protocol will broaden the scope of the existing framework of exchange of tax related information which will help curb tax evasion and tax avoidance between the two countries and will also enable mutual assistance in collection of taxes....

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No Tax on Capital Gain earned by Singapore-Company on Sale of Debt Instrument in India under Article 13(4) of DTAA

Citicorp Investment Bank Vs DCIT (International Taxation) (ITAT Mumbai) - The ITAT Mumbai in Citicorp Investment Bank (Singapore) Ltd v. DCIT, held that the sale consideration received by a Singapore based Company on sale of debt instrument is not taxable as capital gain under the Income Tax Act in view of article 13(4) of the India-Singapore Double Taxation Avoidance Agr...

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Use of facility does not amount to technical services

Director of Income Tax (IT)-I Vs A.P. Moller Marsk A S (Supreme Court of India) - Freight income from operation of ships in international waters is not chargeable to tax under Indo-Danish DTAA; Use of facility does not amount to technical services, as technical services denote services catering to the special needs of the person using them and not a facility provided to all....

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Interplay between Article 9 of India Netherlands DTAA & Transfer Pricing law

Shell Global Solutions International BV Vs DDIT (ITAT Ahmedabad) - These appeals raise an interesting issue with respect to interplay of Article 9 of India Netherlands Double Taxation Avoidance Agreement and TP adjustments under domestic TP law....

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If DTAA does not specifically treat consideration for use of ‘computer software’ as Royalty, such consideration cannot be taxed as Royalty under DTAA

DDIT Vs Reliance Industries Ltd ( ITAT Mumbai) - Purchase of a license to use shelf/shrink-wrapped software is purchase of a product and not a copyright. Wherever the Government of India intended to include consideration for the use of software as ‘Royalties’, it explicitly provided so in the DTAA with the concerned country (e.g. India-Malaysi...

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Agent without authority to conclude contracts cannot be termed PE

Adobe Systems Incorporated Vs Assistant Director of Income Tax And Anr (Delhi High Court) - One of the necessary conditions for holding that an agent constitutes a PE of an enterprise is that the agent must have an authority to conclude contracts or should have been found to be habitually entering into or concluding contracts on behalf of the enterprise....

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Protocol to amend India-Vietnam DTAA notified

Notification No. 82/2017- Income Tax/ S.O. 2826(E) - (30/08/2017) - S.O. 2826(E).—Whereas the Protocol amending the Agreement, signed at Ha Noi on the 7th day of September, 1994, between the Government of the Republic of India and the Government of the Socialist Republic of Viet Nam for the avoidance of double taxation and the prevention of fiscal evasion with res...

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CBDT notifies third Protocol amending India – Singapore DTAA

Notification No. 18/2017-Income Tax / S.O. 935(E) - (23/03/2017) - Third Protocol amending the Agreement between the Government of the Republic of India and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 30th day of December, 2016 (h...

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Govt. notifies protocol to amend India-Israel DTAA

Notification No. 10/2017-Income Tax - (14/02/2017) - Protocol amending the Convention and the Protocol between the Republic of India and the State of Israel for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income and on capital was signed at Jerusalem, Israel on the 14th day of October, 2015 (herei...

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CBDT notifies Protocol between India and Cyprus

Notification No. 03/2017-Income Tax - (10/01/2017) - Protocol between India and Cyprus for avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income ...

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India-Sweden DTAA- Suspension of Collection of Taxes during MAP

Instruction No. 01/2017-Income Tax - (04/01/2017) - India-Sweden Convention for Avoidance of Double Taxation and Prevention of Fiscal Evasion (DTAC or Convention) - Suspension of Collection of Taxes during Mutual Agreement Procedure (MAP) ...

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Recent Posts in "DTAA"

Protocol to amend India-Vietnam DTAA notified

Notification No. 82/2017- Income Tax/ S.O. 2826(E) (30/08/2017)

S.O. 2826(E).—Whereas the Protocol amending the Agreement, signed at Ha Noi on the 7th day of September, 1994, between the Government of the Republic of India and the Government of the Socialist Republic of Viet Nam for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income...

Read More

No Tax on Capital Gain earned by Singapore-Company on Sale of Debt Instrument in India under Article 13(4) of DTAA

Citicorp Investment Bank Vs DCIT (International Taxation) (ITAT Mumbai)

The ITAT Mumbai in Citicorp Investment Bank (Singapore) Ltd v. DCIT, held that the sale consideration received by a Singapore based Company on sale of debt instrument is not taxable as capital gain under the Income Tax Act in view of article 13(4) of the India-Singapore Double Taxation Avoidance Agreement (DTAA)....

Read More

India Signs MLC to Prevent Base Erosion and Profit Shifting

Finance Minister Shri Arun Jaitley signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting at Paris on 7th June, 2017 on behalf of India....

Read More
Posted Under: Income Tax |

Countrywise Withholding tax rates / Chart as per DTAA

Country wise Withholding tax rate on Dividend (not being covered under Section 115-O), Interest, Royalty and Fee for Technical Services as updated with amendment carried out by Finance Act, 2017...

Read More
Posted Under: Income Tax |

Cabinet approves Protocol amending DTAA between India and Portugal

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing of a Protocol amending the Convention between India and Portugal for avoidance of double taxation. The Protocol will also ensure prevention of fiscal evasion with respect to taxes on income....

Read More
Posted Under: Income Tax |

Govt notifies Third Protocol Amending India-Singapore DTAA

Third Protocol amending India-Singapore Double Taxation Avoidance Agreement (DTAA) which was signed on 30.12.2016, has come into force on27.02.2017....

Read More
Posted Under: Income Tax |

CBDT notifies third Protocol amending India – Singapore DTAA

Notification No. 18/2017-Income Tax / S.O. 935(E) (23/03/2017)

Third Protocol amending the Agreement between the Government of the Republic of India and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 30th day of December, 2016 (hereinafter referred to as the Third Prot...

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Rollback provision in revised India-Korea DTAA- Clarification

The Central Board of Direct Taxes (CBDT) has clarified that under the revised India-Korea Double Taxation Avoidance Agreement (DTAA), applications for bilateral Advance Pricing Agreement (APA) involving international transactions with Associated Enterprises in Korea for the APA period beginning Fiscal Year 2017-18 can be filed along with ...

Read More
Posted Under: Income Tax |

India & Belgium sign Protocol amending India-Belgium DTAA

The Protocol will broaden the scope of the existing framework of exchange of tax related information which will help curb tax evasion and tax avoidance between the two countries and will also enable mutual assistance in collection of taxes....

Read More
Posted Under: Income Tax |

Use of facility does not amount to technical services

Director of Income Tax (IT)-I Vs A.P. Moller Marsk A S (Supreme Court of India)

Freight income from operation of ships in international waters is not chargeable to tax under Indo-Danish DTAA; Use of facility does not amount to technical services, as technical services denote services catering to the special needs of the person using them and not a facility provided to all....

Read More
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