BILATERAL TAX TREATIES
Indian taxman goes after Chinese telecom major Huawei
This ruling would also bring more discussions around the concept of permanent establishment or a PE. As per tax regulations PE is broadly a concept whereby it’s decided whether a country has a right to tax a company or not. If a company has a PE in a particular country, then domestic taxes are applicable on its income.
CBDT issues protocols in case of treaty-exchanged data breach
A breach management task force constituted under the Information Security Commi...
Double blow for India. After Vodafone, Cairn Energy wins investment treaty arbitration against New Delhi in 5-year-old tax dispute
Cairn in M...
Live feed from foreign jurisdiction and money earned from that isn’t royalty: Tax ruling
The tax department on the other hand said that the entire income was taxable in India as per the India-Singapore tax treaty. The tax department levied 10% tax on the consideration and said this amount was nothing but royalty.
ABB tax ruling: Fee for Technical Services taxable only in the year of receipt under India-Germany tax treaty
As per the detail of the case Germany headquartered arm of ABB, the Swedish-Swiss multinational, had received some money for testing and inspection charges. These were categorised as FTS, but the company did not include this in the tax filings in the country.
India doesn’t have first right to tax shipping income of foreign companies under India-Singapore tax treaty: ITAT
The ITAT upheld that only a resident state has a sovereign right to tax shipping income. ITAT ruled that under the provisions of India-Singapore tax treaty, the 'Sovereign right' to tax shipping income vests only with the resident state and the limitation of benefits [LOB] provisions are not applicable in such cases, a Deloitte tax research note said.
Finance ministry to seek other ministries’ views on whether India should appeal against the arbitration award in the Vodafone tax case
India has the option of filing an appeal against the decision of the Hague-based Permanent Court of Arbitration (PCA) at the Singapore-based appellate tribunal. Solicitor general Tushar Mehta has reportedly favoured appealing against the award.
UAE, Israel working on double tax treaty to encourage investment
Israel and the UAE signed a normalisation deal on Sept. 15, forging formal diplomatic ties. Israel ratified the deal in a cabinet vote on Monday and a parliamentary vote on Thursday.
Delhi HC asks government if it will challenge tribunal award in Vodafone tax case
A division bench sought the clarification while hearing the government’s appeal against a single-judge bench’s order on the jurisdiction of another arbitration tribunal.
Ex-official defends govt’s position on Vodafone tax, says amendment just clarified stand
The official said while the International Court of Arbitration relied on the Supreme Court decision that the 2007 deal between Vodafone and Hutchison was outside the purview of India’s tax laws, the Bombay High Court had backed the "clarificatory" amendment to the income tax law.
Mumbai bench of the income tax appellate tribunal rules in favour of HSBC Bank
“We concur with the view of the Tribunal that interest received by the assessee, pursuant to Article 11(3)(c) of the India-Mauritius tax treaty would not be eligible to tax in India, respectfully follow the same,” members NK Pradhan and Ravish Sood said in the order dated July 8.
Tiger Global's tax dodge on Flipkart-Walmart deal is making Mauritius investors wary
Three Mauritius-based investment arms of Tiger Global had approached the AAR after the Income Tax Department rejected their application seeking benefits under the tax treaty.
Mauritius tax: A 30-yr-old treaty India still can't finalise
India needs to make its position on the subject clear. Either we implement the stated policy of granting tax treaty benefits and ensure that, at a ground level, the policy is implemented. Or, we restate our policy and let investors make their decisions factoring tax cost. Either way is fine.
India urges for wider information sharing under tax treaties within BRICS
The tax heads of other BRICS nations shared the measures taken by their respective tax administrations and their thoughts on other agenda items like tax challenges posed by digitalisation and exchange of information.
MNCs scrutinising tax treaties to gauge DDT outgo
Many are trying to find out if the status of most favoured nation would lead to additional benefits.