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Form 41 for DTAA Claims: Complete Guide under Income Tax Act 2025  

Income Tax : Form 41 is now compulsory for non-residents claiming DTAA benefits, replacing Form 10F. The update mandates online filing and ensu...

April 18, 2026 6468 Views 0 comment Print

Mauritius Route Hit: SC Rejects Tiger Global’s Treaty Claim in ₹14,439 Cr Flipkart Deal

Income Tax : The Court held that indirect share transfers deriving value from Indian assets are taxable. Treaty benefits were denied due to tax...

April 12, 2026 1161 Views 0 comment Print

Double Taxation Avoidance Agreement (DTAA) & Foreign Tax Credit (FTC)

Income Tax : Income Tax Department Ministry of Finance, Government of India DTAA & FTC Double Taxation Avoidance Agreement (DTAA) & For...

April 9, 2026 4572 Views 0 comment Print

Income Tax Appeals & Revision across different Appellate Levels

Income Tax : The case explains the statutory framework governing appeals and revisions under the Income-tax Act. It highlights the role of face...

April 9, 2026 1530 Views 0 comment Print

Cross-Border ESOPs: Tax, DTAA & TP Implications for Indian Employees & Subsidiaries

Income Tax : The article explains how ESOP taxation spans salary, capital gains, DTAA, and disclosure requirements. It highlights that errors i...

March 26, 2026 831 Views 0 comment Print


Latest News


India–France DTAA Amended to Grant Source Country Taxing Rights on Share Capital Gains

Income Tax : India and France have signed a protocol granting full taxing rights on capital gains from share sales to the country of company re...

February 24, 2026 1236 Views 0 comment Print

CBDT Clarifies Guidance on Principal Purpose Test (PPT)

Income Tax : CBDT issues clarification on Circular 01/2025, stating it applies only to the Principal Purpose Test in certain DTAAs and does not...

March 17, 2025 2646 Views 0 comment Print

Representation to Simplify & Automate TRC Issue Process for Indian Companies

Income Tax : Explore challenges in TRC applications under DTAA by Indian companies. KSCAA proposes reforms for a simpler, efficient process. Le...

June 22, 2024 813 Views 0 comment Print

India-Cyprus Double Tax Treaty: Benefits, Tax Recovery & Golden Passport

Income Tax : Explore the details of India's Double Tax Treaty with Cyprus, its signing date, benefits for both nations, tax recovery provisions...

December 11, 2023 1830 Views 0 comment Print

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...

July 24, 2022 1041 Views 0 comment Print


Latest Judiciary


Foreign Tax Credit Cannot Be Denied Merely for Late Filing of Form 67: ITAT Delhi

Income Tax : The Delhi ITAT held that belated filing of Form No. 67 is only a procedural lapse and cannot extinguish substantive Foreign Tax Cr...

May 9, 2026 213 Views 0 comment Print

Cloud Service Payments Not Taxable as Royalty Due to No Transfer of IP Rights: SC

Income Tax : The Supreme Court affirmed that payments for cloud computing services are not royalty where no intellectual property rights are tr...

April 29, 2026 432 Views 0 comment Print

Only Legitimate Tax Can Be Collected; ITAT Restores BBC Distribution Fee Royalty Taxability Issue

Income Tax : The Tribunal set aside the dismissal of a delayed appeal, holding that the issue of distribution fee taxability requires fresh exa...

April 29, 2026 282 Views 0 comment Print

No FTS on Project-Specific Design Services; ‘Make Available’ Test Not Met, No Disallowance u/s 40(a)(i)

Income Tax : The Tribunal held that consultancy payments for architectural services were not FTS since no technical knowledge was made availabl...

April 16, 2026 210 Views 0 comment Print

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

Income Tax : The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gai...

April 6, 2026 756 Views 0 comment Print


Latest Notifications


CBDT Notifies India-Japan Tax Recovery Pact

Income Tax : The government enforced a tax collection assistance agreement with Japan effective from 8 July 2025. The notification enables cros...

April 2, 2026 708 Views 0 comment Print

CBDT notifies amended India-Brazil Tax Treaty

Income Tax : The amendment expands the definition of permanent establishment to include service-based activities exceeding 183 days. It clarifi...

March 30, 2026 630 Views 0 comment Print

India Enforces Amended DTAA with Belgium from June 2025 to Curb Tax Evasion

Income Tax : The Finance Ministry notifies the India-Belgium protocol amending the 1993 tax treaty, effective June 26, 2025, updating definitio...

November 10, 2025 1059 Views 0 comment Print

India–Qatar DTAA & Protocol Notified by CBDT

Income Tax : Notification implements the India-Qatar Double Taxation Avoidance Agreement (DTAA) and Protocol, effective from the next fiscal ye...

October 24, 2025 1578 Views 0 comment Print

Guidance on Principal Purpose Test (PPT) in India’s DTAAs

Income Tax : Circular No. 01/2025 outlines the application of the Principal Purpose Test (PPT) under India's Double Taxation Avoidance Agreemen...

January 21, 2025 5457 Views 0 comment Print


Immediate Action for Unauthorized Maintenance of Foreign Bank Account; All Existing DTAA to be Renegotiated

August 11, 2010 756 Views 0 comment Print

Immediate appropriate action is taken by the Directorate of Enforcement under the Foreign Exchange Management Act, 1999, whenever any specific case of unauthorized maintenance of foreign bank account or retention of funds in foreign banks by any person resident in India comes to its notice.

Several Countries Submit Data to Government about NRIS Black Money Account -Assessments Made Against 18 Cases Involving Total Assessed Income of Rs.43.83 Crore

August 11, 2010 852 Views 0 comment Print

Several countries have submitted data to Government of India on Non-Resident Indians (NRIs) black money. The German Tax Authorities have provided to the Indian Government information available with them regarding accounts concerning Indian nationals with the LGT bank of Liechtenstein.

Amended DTAA with Switzerland will provide sharing of information on Indians having unaccounted wealth in secret Swiss bank accounts

August 6, 2010 879 Views 0 comment Print

It will soon be easier to get specific details of Indians having unaccounted wealth in secret Swiss bank accounts. The Union Cabinet is likely to clear on Thursday, the amended Double Taxation Avoidance Agreement (DTAA) with Switzerland, official sources told to reporters.

8 new overseas Income Tax Units in Indian Missions abroad to be set-up under the DTAA

July 28, 2010 837 Views 0 comment Print

It is proposed to create 8 new overseas Income Tax (IT) Units in Indian Missions abroad to have effective exchange of information on tax matters under the Double Taxation Avoidance Agreement (DTAA). Two overseas income tax units at the Indian missions in Mauritius and Singapore have been already set-up.

Consideration for assignment of supply agreement not taxable in the absence of Permanent Establishment in India

July 9, 2010 1231 Views 0 comment Print

The AAR upheld the contention that a transfer for the purpose of capital gain should be a legal transfer. The transfer of rights and obligations even if not binding on the third party are still binding on the parties to the agreement therefore consideration against the same could be treated as business profit. In absence of permanent establishment in India, consideration for assignment of supply agreement can not be taxable in India.

Income-tax authorities can ask for evidence from Mauritius government to examine the authenticity of a taxpayer who claims exemption on capital gains tax provided under the Indo-Mauritius DTAA

July 8, 2010 823 Views 0 comment Print

Taxpayers who claim exemption from tax on capital gains by furnishing a residency certificate of Mauritius had better watch out. Now, income-tax (IT) authorities can ask for evidence from Mauritius government to examine the authenticity of a taxpayer who claims exemption on capital gains tax provided under the Indo-Mauritius Double Taxation Avoidance Agreement( DTAA).

Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income

July 5, 2010 1029 Views 0 comment Print

The applicant is a company incorporated in Japan and is engaged in the business of providing „Products Lifecycle Management? software solutions, applications and services. These software products are standardized and not customized or tailor-made. It markets its products in India through a distribution channel of third party resellers comprising Value Added Resellers („VAR?) who resells the software to end-users.

Transfer Pricing Law for user of foreign trademarks & advertisement expenditure laid down

July 3, 2010 607 Views 0 comment Print

The assessee manufactured cars using the brand name Maruti. It entered into an agreement with Suzuki, Japan, pursuant to which it began manufacturing cars using the brand name Suzuki. The TPO issued a show-cause notice in which he alleged that the substitution of the brand name Maruti for the name Suzuki meant that the assessee had soldthe Maruti brand to Suzuki. On that basis, he determined the arms length sale proceeds at Rs. 4,420 crores.

Government approached 65 countries to revise tax treaty and to facilitate sharing of bank-related information

June 28, 2010 480 Views 0 comment Print

Government has approached 65 countries, including Switzerland and tax haven nations, to revise a tax information exchange treaty with them to include fresh details while sharing bank-related information of individuals and other entities.

PE Profits not taxable as FTS u/s 9(1)(vii): ITAT Delhi

June 23, 2010 642 Views 0 comment Print

The assessee, an Australian company, set up a permanent establishment (PE) in India to render technical services for evaluation of coal deposits and conducting feasibility studies for transportation of iron ore. The AO accepted that the income was business profits under Article 7 of the DTAA

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