2 DTAA

DTAA

Reasons to Form an Offshore Company This Year

Income Tax - Companies register offshore for a variety of reasons, including tax benefits and financial privacy. Whether you need a company abroad depends on your specific business needs and goals....

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Foreign Tax Credit

Income Tax - Do you know, there are two principles to tax income. One is Residence Based Taxation and other is Source Based Taxation. As per Residence based Taxation, the country taxes persons based on their residential status....

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Interpretation of term contracting states mentioned under DTAA

Income Tax - Interpretation of term contracting states mentioned under DTAA between two countries. What do you mean by the term contracting states mentioned under DTAA? Sometimes It can be confusing when reading the definition of a contracting state under a DTAA for the first time, as it may be unclear which countries are being referred to as [&hellip...

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Residency of Individual Income Tax Act and recent developments

Income Tax - The determination of residency is first step in the whole process of finalizing tax aspect of certain transaction. One need to ascertain that if any income is accrue/arise or deemed to accrue/arise in India in terms of Section 4,5 and 9 of Income tax Act....

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Payment received from Freight/Logistic Support Service cannot be treated as Royalty

Income Tax - ITAT held that payment received in India for providing logistics support services cannot be treated as royalty under Section 9(1)(vi) or fees for technical services under section 9(1)(vii) of Income Tax Act, 1961 ...

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Need for amendment of DTAA to stop double taxation of Indian IT firms

Income Tax - Need for early amendment of DTAA regulations to stop the double taxation of Indian IT firms: Ms. Anupriya Patel tells the visiting Deputy Premier of Western Australia Both sides acknowledge the need for an early ratification of Ind-Aus ECTA Australia to look into visa related issues of Indian students and tourists Minister of State (MoS) ...

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Cabinet approves Agreement with Saint Vincent for Tax Information exchange

Income Tax - The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi has approved anAgreement between the Republic of India and Saint Vincent and The Grenadines for the Exchange of Information and Assistance in Collection with respect to Taxes....

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CBDT releases MLI synthesised text for India-Czechoslovak Socialist Republic tax treaty

Income Tax - CBDT has released the synthesised text for India-Slovak Republic tax treaty. It represents their shared understanding of the modifications made to the Agreement by MLI. SLOVAK REPUBLIC AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH – SLOVAK REPUBLIC Whereas a Agreement between the Government of th...

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CBDT releases MLI synthesised text for India-Poland tax treaty

Income Tax - CBDT has released the synthesised text for India-Poland tax treaty. It represents their shared understanding of the modifications made to the Agreement by MLI. SYNTHESISED TEXT OF THE MLI AND THE CONVENTION BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF POLAND FOR THE AVOIDANCE OF DOUBLE TAXATION AND ...

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CBDT releases MLI synthesised text for India-Australia tax treaty

Income Tax - CBDT has released the synthesised text for India-Australia tax treaty. It represents their shared understanding of the modifications made to the Agreement by MLI. AUSTRALIA SYNTHESISED TEXT  OF THE MULTILATERAL CONVENTION TO IMPLEMENT TAXT REATY RELATED MEASURES TO PREVENT BASE EROSION AND PROFIT SHIFTING (MLI) AND THE AGREEMENT BETWEEN ...

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Mere passing off project specific architectural, drawings and design not taxable as Fee for Technical Services

Buro Happold Limited Vs DCIT (ITAT Mumbai) - ITAT Mumbai held that mere passing off project specific architectural, drawings and designs with measurements does not amount to making available technical knowledge, experience, skill, knowhow or processes. Accordingly, cannot be brought to tax as Fee for Technical Services....

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No royalty if payment made by Google India to Google Ireland for purchase of online advertisement space for resale to Indian Advertisers

Google India Pvt. Ltd. Vs JDIT (ITAT Bangalore) - Purchase of online advertisement space for onward resale to Indian advertisers did not amount to Royalty as unless the non-resident, who was engaged in sale of online advertisement space, had a PE in India, no portion of receipts earned by it from sale of online advertisement space in India could be...

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LO doing preparatory activities in India not constitute PE under Article 5 of India Switzerland DTAA

S.R. Technics Switzerland Limited Vs ACIT (International Taxation) (ITAT Mumbai) - The LO does not constitute a fixed place through which business of assessee is carried out in India. Employees of the LO do not negotiate, finalise or discuss the mechanics of contracts including pricing with the assessee's customers. As such the employees of LO merely act as a communication link be...

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India and UAE DTAA not contain any article concerning FTS

WTS Energy Dmcc Vs DCIT (Delhi High Court) - WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of th...

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Foreign Tax Credit under DTAA cannot be denied for Delay in filing Form 67

Rohan Hattangadi Vs CIT (A) (ITAT Mumbai) - Rohan Hattangadi Vs CIT (A) (ITAT Mumbai) From Rule 128, it is evident that the assessee has to file Form 67 on or before the due date of furnishing the return of income as per section 139(1) of the Act, which the statement specifies as mandatory and not directory as per the word ‘shall’ used [&...

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Clarification on Most-Favoured-Nation clause in Protocol to India’s DTAAs

Circular No. 3/2022-Income Tax - (03/02/2022) - The Central Board of Direct Taxes (CBDT) has received representations seeking clarity on the applicability of the MFN clause (particularly to dividend withholding rates) available in the Protocol to some of the DTAAs with OECD member States. India's DTAAs with countries, namely Slovenia, Colombia an...

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CBDT notifies Protocol amending DTAA with Kyrgyz Republic

Notification No. 135/2021-Income Tax [S.O. 5094(E)] - (08/12/2021) - Protocol amending the Agreement between the Government of the Republic of India and the Government of the Kyrgyz Republic for the Avoidance of Double Taxation and for the Prevention of Fiscal Evasion with respect to taxes on income signed at New Delhi on 13th April, 1999....

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CBDT notifies Provisions of DTAA between India & Iran

Notification No. 29/2021-Income-tax [S.O. 1442(E).] - (01/04/2021) - CBDT notifies Agreement Between The Government Of The Republic Of India And The Government Of The Islamic Republic Of Iran For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income. Notification No. 29/2021-Income-tax Dated 1st April, 2021. MINISTRY OF...

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Mutual Agreement Procedure (MAP) Guidance by CBDT

MAP GUIDANCE/2020 - (07/08/2020) - Though erstwhile rules 44G and 44H were in existence for a number of years, detailed information regarding MAP processes and guidance on issues related to such processes were not available in a comprehensive and consolidated manner....

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Procedure for Amendment of Mutual Agreement Procedure notified

Notification No. 23/20020-Income Tax [G.S.R. 282(E)] - (06/05/2020) - ​Amendment of Mutual Agreement Procedure (MAP) procedure laid down in the Income-tax Rules, 1962 CBDT amends Rule 44G and Form 34F- Application to give effect to DTAA MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 23/20020-Income Tax New Delhi, the 6th...

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Recent Posts in "DTAA"

Reasons to Form an Offshore Company This Year

Companies register offshore for a variety of reasons, including tax benefits and financial privacy. Whether you need a company abroad depends on your specific business needs and goals....

Read More
Posted Under: Income Tax |

Mere passing off project specific architectural, drawings and design not taxable as Fee for Technical Services

Buro Happold Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that mere passing off project specific architectural, drawings and designs with measurements does not amount to making available technical knowledge, experience, skill, knowhow or processes. Accordingly, cannot be brought to tax as Fee for Technical Services....

Read More

No royalty if payment made by Google India to Google Ireland for purchase of online advertisement space for resale to Indian Advertisers

Google India Pvt. Ltd. Vs JDIT (ITAT Bangalore)

Purchase of online advertisement space for onward resale to Indian advertisers did not amount to Royalty as unless the non-resident, who was engaged in sale of online advertisement space, had a PE in India, no portion of receipts earned by it from sale of online advertisement space in India could be brought to tax in India as Act read wit...

Read More

LO doing preparatory activities in India not constitute PE under Article 5 of India Switzerland DTAA

S.R. Technics Switzerland Limited Vs ACIT (International Taxation) (ITAT Mumbai)

The LO does not constitute a fixed place through which business of assessee is carried out in India. Employees of the LO do not negotiate, finalise or discuss the mechanics of contracts including pricing with the assessee's customers. As such the employees of LO merely act as a communication link between the assessee and the airline compa...

Read More

India and UAE DTAA not contain any article concerning FTS

WTS Energy Dmcc Vs DCIT (Delhi High Court)

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]...

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Foreign Tax Credit under DTAA cannot be denied for Delay in filing Form 67

Rohan Hattangadi Vs CIT (A) (ITAT Mumbai)

Rohan Hattangadi Vs CIT (A) (ITAT Mumbai) From Rule 128, it is evident that the assessee has to file Form 67 on or before the due date of furnishing the return of income as per section 139(1) of the Act, which the statement specifies as mandatory and not directory as per the word ‘shall’ used […]...

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Rendering of advisory service doesn’t amount to Fees for Included Services

CIT Vs Timken Company (Calcutta High Court)

Calcutta High Court held that rendering of advisory service doesn’t amount to Fees for Technical Services/ Fees for Included Services under Article 12(4)(b) of the India-US Double Taxation Avoidance Agreement....

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Business support services cannot be treated as Technical Services in absence of transfer of technology

Michael Page International Pte Limited Vs DCIT (ITAT Mumbai)

Michael Page International Pte Limited Vs DCIT (ITAT Mumbai) ITAT held that unless the recipient of the services, by virtue of rendition of services by the assessee, is enabled to provide the same services without recourse to the service provider, the services cannot be said to have made available the recipient of services. A mere [&helli...

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Fees for training to Employees on soft skill & general topics cannot be treated as FTS

Standard Chartered Global Business Services Pvt. Ltd. Vs DCIT (ITAT Chennai)

ITAT held that payment of Fees for training to Employees on soft skill & general topics cannot be treated as Fees for Technical Services (FTS)...

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Foreign Tax Credit

Do you know, there are two principles to tax income. One is Residence Based Taxation and other is Source Based Taxation. As per Residence based Taxation, the country taxes persons based on their residential status....

Read More
Posted Under: Income Tax |

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