international taxation

Section 195 Withholding tax provision and its compliances

Income Tax - Any person responsible for paying to a non resident (company or non company) any sum which is chargeable under the provisions of the Act, shall at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of cheque or draft or by any other mode , whichever is earlier, deduct income...

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All about form 3CEB + specified domestic transaction + international transaction

Income Tax - Transfer pricing provisions were earlier restricted to international transactions. With effect from 1.4.2013 , the scope of transfer pricing provisions gets extended to specified domestic transactions (SDT) exceeding Rupees twenty crore....

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An analysis of taxability of BPOs in India

Income Tax - Business Process Outsource (BPO) is a concept or business model which grows in India many folds; most of the multinational companies (MNC) have either setup their captive units in India or approach the Indian business entities to perform their business process from India....

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Analysis of the word ‘Permanent Establishment’

Income Tax - The concept of Permanent Establishment is one of the most important concepts in International Taxation. The existence of a Permanent Establishment or otherwise, would in most cases determine the exposure to domestic tax liability in the country of source....

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Guiding Principles for determination of POEM

Income Tax - Guiding Principles for determination of Place of Effective Management (POEM) of a Company- The concept of Place of Effective Management (POEM) was introduced for deciding the residency status of a non-Indian company, by Finance Act, 2015 which is applicable from 1st April, 2017....

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Taxation of Non-Residents

Income Tax - ICAI released an e-book on Taxation of Non-Residents  based on the law as amended by the Finance Act, 2018. The book contains following topics- Chapter 1. Residential Status Chapter 2. Income Deemed to Accrue or Arise in India Chapter 3. Income not to be included in the total income Chapter 4. Presumptive Taxation Chapter 5. […]...

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India and Kazakhstan sign Protocol to amend DTAC

Income Tax - The Protocol provides internationally accepted standards for effective exchange of information on tax matters. Further, the information received from Kazakhstan for tax purposes can be shared with other law enforcement agencies with the authorisation of the competent authority of Kazakhstan and vice versa....

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Govt clarifies on requirement of furnishing Country-by Country Report

Income Tax - The Government of India issues clarification regarding requirement for furnishing of Country-by Country Report under Section 286(4) of Income Tax Act, 1961. ...

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ICRICT new paper: “A Roadmap to improve rules for taxing multinationals”

Income Tax - ICRICT is launching today a new publication presenting concrete solutions to reorient the existing system of international taxation away from serving the wealthy few and to focus it instead on addressing the needs of the vast majority of the population....

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Section 195: 6 Suggestions made by ICAI for Rationalization of Provisions

Income Tax - Finance Act, 2012 extended the obligation to withhold taxes to non- residents irrespective of whether the non-resident has -...

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Duration of 12 months specified to constitute a PE is activity specific

Bellsea Ltd. Vs ADIT International Taxation (ITAT Delhi) - Onus is heavily upon the revenue to establish that that assessee's activity had crossed the threshold period of 12 months and hence constitutes PE in India in terms of Article 5(2)(g) so as to tax the receipts in India as per Article 7....

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International transaction cannot be presumed merely on the basis of Statement of Assessee

Renault India P. Ltd. vs. DCIT (ITAT Chennai) - Renault India case: Just because assessee mentioned that marketing expenditure incurred by it helped promotion of Renault brand in India, it cannot be presumed that such expenditure resulted in any international transaction ...

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CIT(A) cannot records Satisfaction about existence of international transaction instead of AO

Shilpa Shetty Vs ACIT (ITAT Mumbai) - Shilpa Shetty case: Recording of 'satisfaction' about the existence of an international transaction was only within the jurisdiction of the AO and CIT(A) could not substitute his satisfaction for that of the AO....

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TDS deductible on Remittance to Google Ireland by Google India

M/s. Google India Private Ltd. Vs. Addl. Commissioner of Income-tax (ITAT Bangalore) - A division bench of the Bengaluru ITAT, on Tuesday held that the distribution fee paid by Google India to Google Ireland for use of its Ad words programme is taxable in India as royalty under the provisions of the Income Tax Act, 1961....

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Payment for Net Communication system developed by principal for smooth functioning of shipping business is not FTS

DIT Vs. A. P. Moller Maersk, (Supreme Court) - In this Case Hon’ble Supreme Court held that Payments made by the agents to the concerned foreign assessee, for using the facility of Net Communication System, developed by the assessee for smooth functioning of its international shipping business cannot be classified as fees for technical ser...

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CBDT notifies protocol amending India-Portuguese DTAA

Notification No. 43/2018-Income Tax - (16/09/2018) - CBDT notifies protocol amending India-Portuguese DTAA vide Notification No. 43/2018- Income Tax Dated: 11th September, 2018...

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India notifies provisions of DTAA/ Protocol entered with New Zealand

Notification No. 93/2017-Income Tax - (02/11/2017) - Agreement between the Government of the Republic of India and the Government of the Government of New Zealand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes - Notification No. 93/2017 - Income Tax...

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CBDT notifies rules for Country-By-Country Report and Master File rules

Notification No. 92/2017 / S.O. 3497(E) - (31/10/2017) - Information and documents to be kept and maintained under proviso to sub-section (I) of section 92D and to be furnished in terms of sub-section (4) of section 92D. 10DA. (1) Every person, being a constituent entity of an international group shall,-...

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CBDT extends due date for filing of Country-by-Country Report for 2016-17 to 31.03.2018

Circular No. 26/2017-Income Tax - (25/10/2017) - Circular No. 26/2017 : Order under section 119 of the Income-tax Act, 1961 in respect of extension of due date for filing of Country-by-Country Report for reporting accounting year 2016-17...

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Draft Notification on foreign company resident in India U/s. 115JH

F No 370142/19/2017-TPL - (15/06/2017) - CBDT invites comments and suggestions on the Draft Notification in respect of foreign company said to be resident in India under Section 115JH of the Income-tax Act, 1961...

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Recent Posts in "international taxation"

Taxation of Non-Residents

ICAI released an e-book on Taxation of Non-Residents  based on the law as amended by the Finance Act, 2018. The book contains following topics- Chapter 1. Residential Status Chapter 2. Income Deemed to Accrue or Arise in India Chapter 3. Income not to be included in the total income Chapter 4. Presumptive Taxation Chapter 5. […]...

Read More
Posted Under: Income Tax |

Duration of 12 months specified to constitute a PE is activity specific

Bellsea Ltd. Vs ADIT International Taxation (ITAT Delhi)

Onus is heavily upon the revenue to establish that that assessee's activity had crossed the threshold period of 12 months and hence constitutes PE in India in terms of Article 5(2)(g) so as to tax the receipts in India as per Article 7....

Read More

International transaction cannot be presumed merely on the basis of Statement of Assessee

Renault India P. Ltd. vs. DCIT (ITAT Chennai)

Renault India case: Just because assessee mentioned that marketing expenditure incurred by it helped promotion of Renault brand in India, it cannot be presumed that such expenditure resulted in any international transaction ...

Read More

CBDT notifies protocol amending India-Portuguese DTAA

Notification No. 43/2018-Income Tax (16/09/2018)

CBDT notifies protocol amending India-Portuguese DTAA vide Notification No. 43/2018- Income Tax Dated: 11th September, 2018...

Read More

Section 195 Withholding tax provision and its compliances

Any person responsible for paying to a non resident (company or non company) any sum which is chargeable under the provisions of the Act, shall at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of cheque or draft or by any other mode , whichever is earlier, deduct income...

Read More
Posted Under: Income Tax |

CIT(A) cannot records Satisfaction about existence of international transaction instead of AO

Shilpa Shetty Vs ACIT (ITAT Mumbai)

Shilpa Shetty case: Recording of 'satisfaction' about the existence of an international transaction was only within the jurisdiction of the AO and CIT(A) could not substitute his satisfaction for that of the AO....

Read More
Posted Under: Income Tax |

All about form 3CEB + specified domestic transaction + international transaction

Transfer pricing provisions were earlier restricted to international transactions. With effect from 1.4.2013 , the scope of transfer pricing provisions gets extended to specified domestic transactions (SDT) exceeding Rupees twenty crore....

Read More
Posted Under: Income Tax |

An analysis of taxability of BPOs in India

Business Process Outsource (BPO) is a concept or business model which grows in India many folds; most of the multinational companies (MNC) have either setup their captive units in India or approach the Indian business entities to perform their business process from India....

Read More
Posted Under: Income Tax |

Analysis of the word ‘Permanent Establishment’

The concept of Permanent Establishment is one of the most important concepts in International Taxation. The existence of a Permanent Establishment or otherwise, would in most cases determine the exposure to domestic tax liability in the country of source....

Read More
Posted Under: Income Tax |

Guiding Principles for determination of POEM

Guiding Principles for determination of Place of Effective Management (POEM) of a Company- The concept of Place of Effective Management (POEM) was introduced for deciding the residency status of a non-Indian company, by Finance Act, 2015 which is applicable from 1st April, 2017....

Read More
Posted Under: Income Tax |

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