MFN clause of the protocol to the Income and Capital Tax Treaty between France and India of 1992 activated
The most-favored-benefit clause of the Income and Capital Tax Agreement between France and India of 1992 was activated. As a result, the applicable tax rate and the amount of the withholding tax on dividends, interest, royalties and remunerations as
See MoreIndia: decided to reduce the existing deemed profit rate
The Central Board of Direct Taxes announced 19 December 2016, stating that in order incentivize small traders/businesses to proactively accept payments by digital means, it has been decided to reduce the existing rate of deemed profit of 8% under
See MoreIndia: Court’s decision on Computing section 10A deduction and intra-group services
Recently, In the case of Yokogawa India Ltd, The Supreme Court of India decided that the deduction under section 10A of the Income-tax Act, 1961, is to be determined at the point when computing the gross total income of the eligible undertaking and
See MoreProtocol to a treaty between India and Tajikistan signed
India and Tajikistan signed an amending protocol to the India - Tajikistan Income Tax Treaty (2008) on 17 December 2016, for an avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on
See MoreCyprus-India tax treaty entered into force
The Income Tax Treaty between Cyprus and India entered into force on 16 December 2016. The agreement was signed in November 18, 2015. The treaty generally applies from 1 January 2017 for Cyprus and from 1 April 2017 for
See MoreThe 16th Round of RCEP Negotiations Held in Tangerang
On December 1-10, the 16th Round of Regional Comprehensive Economic Partnership (RCEP) Negotiation was held in Tangerang, Indonesia. Attending were 10 countries of ASEAN, China, Japan, South Korea, Australia, New Zealand, India and the Secretariat
See MoreIndia: Publishes goods and services tax rates
India has published the following Goods and Services Tax (GST) rates into the future of the implementation of the new consumption tax in 2017: 0% (essentials) 5% (basic goods) 12% 18% (principle rate) 28% (luxury goods) The central
See MoreIndia and Cyprus signed a revised income tax treaty and Protocol
A revised Agreement between India and Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal evasion (DTAA) with respect to taxes on income, along with its Protocol, was signed on 18th November, 2016 in Nicosia, which will replace
See MoreIndia: Approves higher taxes and penalties on black money bill
The lower house of Parliament (Lok Sabha) passed the Taxation Laws (Second Amendment) Bill 2016 (the Bill) on 29 November 2016, which aims to impose a higher tax rate and more stringent penalty provisions in respect of black money. The overview of
See MoreIndia: Signs A further five unilateral advance pricing agreements
India's Central Board of Direct Taxes has entered into a further five unilateral advance pricing agreements (APAs). The APAs were signed on 27 October 2016 with Indian taxpayers operating in various sectors, including manufacturing and
See MoreIndia and Japan amends their Double Tax Agreement
On October 29 an update to India and Japan's double tax agreement entered into force. Further, the agreement has been modified to add internationally accepted standards for the exchange of information in tax matters. It provides that information
See MoreIndia:Transfer pricing method applies uniformly to all international transactions
The Delhi High Court, in the case of: Magneti Marelli Powertrain India Pvt. Ltd. v. DCIT (ITA 350/2014), held that taxpayer’s contractual obligation to make a payment as per business and commercial requirements and arrangements cannot ipso facto
See MoreCyprus and India signed an income tax treaty
Cyprus has signed an income tax treaty with India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. The treaty was signed on 18 November 2016. The new treaty will be replaced by the existing
See MoreIndia and Korea DTA will become effective from 2017
The India and South Korea double tax avoidance agreement will become effective from January 1,
See MoreProtocol to a treaty between India and Singapore signed
The Indian Government signed its new DTA Protocol with Singapore and entered into force on October
See MoreIndian subsidiary represented by its managing director constitutes a fixed place PE in India
Recently, the Chennai Bench of the Income Tax Appellate Tribunal (the Tribunal) in the case of: Carpi Tech SA v. ADIT (ITA No 1742/Mds/2011), held that the amount received by the taxpayer pursuant to NHPC project was taxable in India since the
See MoreIndia: The tribunal held the Comparable Uncontrolled Price is the most appropriate method
The Delhi Bench of the Income-tax Appellate Tribunal upheld the decision in the case of: Liugong India Private Ltd. v. ACIT (ITA No. 1482/Del/2015) and decided that when comparable are available, the CUP method is the best method to use in
See MoreIndia: Tribunal held that Transfer Pricing Officers have the authority to determine the arm’s length price
The Delhi Bench of the Income-tax Appellate Tribunal in the case of: Nikon India Pvt. Ltd. v. DCIT (ITA No. 6314/Del/2015), held that Transfer Pricing Officers have the authority to determine the arm’s length price of any international transaction
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