India- Trade Agreement With GCC
The Gulf Cooperation Council (GCC) and India are in the process of negotiating a Free Trade Agreement. The Gulf Cooperation Council (GCC) consists of six countries - Kuwait, UAE, Saudi Arabia, Oman, Bahrain and Qatar. The negotiations with all
See MoreIndia: Amendments to Transfer Pricing Guidelines Issued
The Central Board of Direct Taxes released amendments to the transfer pricing guidelines on 4 February 2015. The “simplified” transfer pricing documentation rules were released by a notification dated 4 February 2015 for domestic transactions of
See MoreAustralia and India accelerate trade agreement negotiations
Negotiations to conclude the Australia-India Comprehensive Economic Cooperation Agreement (CECA) are progressing, with the aim to reach an early conclusion this year. The sixth round of the CECA negotiations was held in New Delhi from 18-19 December
See MoreSouth Africa and India: Protocol to treaty enter into force
The amending protocol for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income between India and South Africa enters into force entered into force on 26 November 2014. The protocol generally applies
See MoreIndia: High Court decision that “royalty” income received under a contract prior to 1 April 1976 is exempt from tax
The High Court (HC) of Mumbai issued its decision on 8 August 2014, in the case of CIT v. Montedison S.p.A. of Italy (ITR 202 of 1993) that "royalty" income arising from contracts for supply of technical know-how prior to 1 April 1976 was exempt
See MoreIndia: Update on GST and management service fees
The Union Cabinet approved the Constitutional Amendment Bill on Goods and Services Tax (GST) on 17 December 2014 and this can be passed to parliament for consideration. The clearance of the Bill by the Cabinet was achieved by a compromise. It was
See MoreIndia & Japan: First bilateral APA signed
The Central Board of Direct Taxes (CBDT) signed a bilateral Advance Pricing Agreement (APA) with a Japanese company on 19 December 2014. This is India’s first bilateral APA which has been signed for a period of 5 years. Moreover, CBDT was proud to
See MoreIndia: Taxpayer’s use of the Resale Price Method for distribution activities Supported by the court
In the case of : CIT v. L’Oreal India Pvt. Ltd. (ITA No. 1046 of 2012 (7 November 2014), The Bombay High Court confirmed a tribunal decision that, the taxpayer’s use of the Resale Price Method (RPM) for purposes of determining the arm’s
See MoreIndia: Publishes Circular on authorization of long-term bonds and rate of interest
With effect from 1 October 2014, the Finance (No. 2) Act 2014 has amended section 194LC (i.e. interest on a foreign currency loan paid by an Indian company) of the Income-tax Act 1961. Consequent to the amendment, the concessional rate of
See MoreIndia: Simplifies immigration procedures for Japanese nationals
The Government of India has simplified the rules on the validity of residential permits and visa/residential permit extension procedures for Japanese nationals travelling to
See MoreThe Protocol to Tax Treaty between Morocco and India
On August 2013, the protocol to the Morocco and India tax treaty was signed in New Delhi. The protocol updates on treaty, to bring it in line with the OECD standard for exchange of information. The protocol will enter into force after the exchange
See MoreIndia: Service Tax on Bank Fees and Commission
Non-Resident Indians (NRIs) will have to pay more to remit money to India as the government of India has imposed a service tax on “fees or commission” levied by banks and financial institutions for facilitating remittances from abroad. The
See MoreIndia: Implementation of the new Bill on Goods & Services Tax from 2016
The Indian Goods & Services Tax (GST) implementation plans took a big step forward last week as a new Bill was published included resolutions to many of the issues that have long-held up the reforms to the existing indirect tax regime. The new
See MoreThe protocol to treaty between Denmark and India has been approved
Recently, Denmark approved the amending protocol, signed on 10 October 2013, to the Denmark - India Income and Capital Tax Treaty
See MoreIndia: Decision on whether the Taxpayer could be regarded as an “assesse in default”
Recently, The Supreme Court (SC) of India issued its decision in the case of CIT v. NHK Japan Corp. (SLA No. 24913 of 2012) on 11 August 2014, that a Taxpayer cannot be regarded as an "assesse-in-default" on account of non-withholding of taxes when
See MoreCyprus agrees to exchange of information on tax with India
Cyprus has accepted a key condition put forward by India on effective exchange of information on tax avoiders, hoping its move, which comes amid continuing talks on amending their mutual tax treaty, will persuade India to “rescind the
See MoreChina: Termination of Anti-dumping Measures Applicable to Imports of Pyrocatechol originated in the EU
On August 25, 2009, the Ministry of Commerce issued Announcement No.53 of 2009, deciding to continue to impose anti-dumping measures against imports of pyrocatechol originated in the EU in accordance with Announcement No. 41 of 2003, Announcement 61
See MoreIndia: LinkedIn profiles can be used as evidence for determination of permanent establishment
The Income Tax Appellate Tribunal (ITAT) delivered its decision in the case of GE Energy Parts Inc. v. ADIT (ITA No. 671/Del/2011) dated 4 July 2014 that, from now LinkedIn profiles of employees of overseas entities working in India can be used to
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