Double taxation avoidance agreement Archives

Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act

Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.

Case Briefs High Courts

Can Indian revenue authorities go after tax residency certificate issued by other tax jurisdiction and issue a re-assessment notice u/s 147 Income Tax Act? Delhi High Court rules

A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.

Cabinet Decisions Legislation Updates

Cabinet approves Agreement and Protocol between India and Chile for avoidance of double taxation

The Union Cabinet approved the signing of the Double Taxation Avoidance Agreement (DTAA) and Protocol between the Republic of India and the

News Treaties/Conventions/International Agreements

Cabinet approves protocol amending double taxation avoidance agreement with China

The Union Cabinet has approved the signing and ratification of protocol amending the double taxation avoidance agreement with China. The Cabinet gave