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Tax Treaty

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Double Tax Avoidance Agreements & Taxation

Income Tax : The Double Tax Avoidance Agreement (DTAA) is essentially a bilateral agreement entered into between two countries. The basic objec...

September 9, 2020 201551 Views 11 comments Print

Tax Residency Certificate (TRC) for Indian & Non Resident

Income Tax : Tax Residency Certificate (TRC)  For Indian Resident Assessee From 01.4.2013 the India Residents who earns Income from Countries ...

August 23, 2018 300013 Views 27 comments Print

Mumbai Tribunal rules on computation of ‘duration test’ for determining existence of ‘Construction PE’

Income Tax : Mumbai Income Tax Appellate Tribunal (Tribunal) [2010-TIOL-195-ITAT-MUM] in the case of Valentine Maritime Mauritius Ltd (Taxpayer...

April 24, 2010 1128 Views 0 comment Print

Foreign company having Permanent Establishment in India cannot be taxed at the rate applicable to domestic company

Income Tax : Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of JCIT v. State Bank of Mauritius Ltd. (2009-TIOL-71...

January 4, 2010 3724 Views 0 comment Print

Tribunals upheld the concept of ‘make available’ and held specified services not Fees for technical services

Income Tax : Tribunals upheld the concept of ‘make available’ and held specified services not Fees for technical services Mumbai and Bangal...

December 19, 2009 5356 Views 0 comment Print


Latest News


Revise tax treaties to enable CBI and ED to use data for prosecution

Income Tax : Government is contemplating to revise the tax treaties with partner countries to enable the Central Bureau of Investigation (CBI) ...

February 3, 2017 837 Views 0 comment Print

CBDT resolves disputes to the tune of Rs 5000 crore

Income Tax : Since 1st April, 2014 till date, the Central Board of Direct Taxes has resolved 180 cases under MAP. The total amount of income lo...

February 16, 2016 894 Views 0 comment Print

Income tax policy would gradually move towards treaty override

Income Tax : The Union Revenue Secretary, Mr Sunil Mitra, said here on Tuesday that domestic tax policy would gradually move towards treaty ove...

December 17, 2010 483 Views 0 comment Print

Open Account outside India through Agent may invite trouble

Income Tax : Seeking the help of a friendly official or agent of a foreign bank to open a bank account overseas may not be a good idea as tax s...

November 26, 2010 531 Views 0 comment Print

India, Switzerland agreed to widening the ambit of tax treaty

Income Tax : The government has concluded the renegotiation for widening the ambit of its tax treaty with Switzerland to access information on ...

July 31, 2010 867 Views 0 comment Print


Latest Judiciary


Stock Derivatives Are Not ‘Shares’: ITAT Delhi Rules on India-Mauritius Tax Treaty

Income Tax : The ITAT clarified that Article 13(3A) applies strictly to shares and not to derivative instruments. It held that derivative gains...

April 1, 2026 309 Views 0 comment Print

Unilateral amendment in DTAA is prohibited: Delhi HC

Income Tax : Delhi High Court held In the case of DIT vs. New Skies Satellite BV that the Vienna Convention on the Law of Treaties, 1969 (VCLT)...

February 17, 2016 2334 Views 0 comment Print

Discounting charges on bills of exchange are not interest

Income Tax : Delhi High Court in the case of DCIT v. Cargill Global Trading (I) (P) Limited on the issue of whether discounting charges paid to...

June 3, 2011 5942 Views 0 comment Print

Payment to US companies for ‘developing tooling’ and ‘validating new process for manufacture’ of wheels is taxable as fees for included services

Income Tax : Recently, the Chennai bench of the Income-tax Appellate Tribunal in the case of Wheels India Ltd. v. ACIT I.T.A No. 1793/Mds/2006...

April 19, 2011 991 Views 0 comment Print

Applicability of Limitation on deduction of expenses u/s. 44D on consideration other then Fees for Technical Services

Income Tax : Limitation on deduction of expenses under Section 44D of the Act cannot be invoked if the consideration received by the foreign co...

January 30, 2011 1291 Views 0 comment Print


Indian students may get income tax relief in US

February 23, 2008 594 Views 0 comment Print

Income tax relief could be in store for US-bound students with New Delhi planning to seek changes in the Double Taxation Avoidance Agreement. Indian students have to pay an income tax on earnings from part-time jobs. This is because the India-US tax treaty provides for treatment of Indian students on a par with US nationals without giving a special tax relief.

IT professional can’t avoid tax on foreign earnings

October 10, 2007 1961 Views 0 comment Print

In a ruling which could affect tax payments of thousands of employees of Indian IT companies earning mega bucks on overseas assignments, the Authority of Advance Rulings (AAR) has said that that there was no escape from paying tax on the amount earned during a stint with the employer’s foreign affiliates.

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