India: Payments for BSP link services are not ‘Fees for Technical Services’ under India-France tax treaty by virtue of MFN clause
The Income Tax Appellate Tribunal (ITAT) provided a decision on 11 June 2014 in the case of DDIT v. IATA BSP India that payment towards BSP Link services is not fees for technical services (FTS) by virtue of the most favored nation (MFN) clause in
See MoreIndia: With US reached an “agreement in substance” Status of Model 1 IGA under FATCA
India and the United States reached an “agreement in substance" for a Model 1 intergovernmental agreement (IGA) for purposes of implementing the FATCA (Foreign Account Tax Compliance Act) regime. The Reserve Bank of India declared in 30 June
See MoreOECD: BEPS project update with developments of Asian countries
In order to stop tax avoidance and evasion Asian countries are actively taking part with the Organization for Economic Cooperation and Development (OECD)’s plan. The OECD’s Action Plan is far reaching and will help support local Asian
See MoreIndia: New government will present its first federal budget on 10 July 2014
Indian Finance Ministe r will present the budget for the 2014/15 financial year on July 10,
See MoreIndia: Refurbish Tax Treaty with Cyprus
India is seeking an amendment to its 1994 double tax agreement with Cyprus before the territory can be out as a notified jurisdictional area. From November 2013, the Indian Government raised powers under Section 94A of the Indian Income Tax Act
See MoreIndia: Businesses Meeting held For Tax Certainty
India's Finance Minister, held a discussion meeting with representatives from trade and industry bodies before the budget, which pressed the Government to familiarize expectable tax policies to adoptive greater confidence in India as a place to
See MoreIndia: Mumbai Tribunal settles charge of penalty in case of a transfer pricing adjustment
Recently in the case of Deloitte Consulting India Pvt Ltd (Taxpayer) regarding levy of penalty in the case of a transfer pricing (TP) adjustment. Here is the summary of the case and decision: The Taxpayer, an Indian company, had entered into a
See MoreIndia: Income-tax Appellate Tribunal found that no adjustment given taxpayer’s minimal risks, limited functions
Recently, in the case of Marubeni Corp., Japan (ITA No: 5397/Del/2012) The Delhi Bench of the Income-tax Appellate Tribunal held that, a transfer pricing adjustment with respect to a taxpayer performing what were found to be low-end mediation
See MoreIndia: Hyderabad Tribunal rules on transfer pricing aspects of corporate guarantee
The Hyderabad Income Tax Appellate Tribunal (ITAT) has issued a ruling that concerns certain transfer pricing issues from a corporate guarantee issued to a bank by associated enterprises of a borrower. The case is Four Soft Pvt Lrd. The case
See MoreIndia shows decline in transfer pricing adjustments
The income tax department has estimated that the number of transfer pricing adjustments in 2014 so far has fallen by 14 percent by comparison to the previous year. This may indicate that taxpayers in India are becoming more aware of the transfer
See MoreIndia releases revised Direct Taxes Code 2013
The Indian Finance Minister has issued a discussion draft of the Direct Tax Code (DTC), 2013. This draft contains proposals for extra taxes on high net worth individuals, a lower threshold than earlier proposed for imposing tax on the offshore sale
See MoreRevision to treaty between India and Bulgaria
Bulgaria’s Ministry of Finance has been authorized to begin negotiations for a double tax treaty with India. After it has been signed and has entered into force the new treaty will replace the current treaty signed in
See MoreIndia: Delhi Tribunal rules on transfer pricing aspects of intra group financing transactions
In India many transfer pricing cases are heard in the Courts. These decisions can provide clarification of the operation of the transfer pricing rules in India and can therefore give potential investors more certainty about the transfer pricing
See MoreTreaty between India and Romania enters into force
The treaty between India and Romania which was signed on 8 March 2013 generally applies from 1 January 2014 for Romania and from 1 April 2014 for India. From this date, the new treaty generally replaces the India - Romania Income Tax Treaty in
See MoreIndia: Tribunal finds reimbursed advertising expenses were at arm’s length
The Mumbai Bench of the Income tax Appellate Tribunal has upheld an administrative action by the Commissioner of Income tax, to reject a proposed transfer pricing adjustment for advertising expenses reimbursed by the taxpayer to its related
See MoreUnited Kingdom – India DTA protocol
As notified by the Indian Ministry of Finance on February 10, 2014, the Protocol amending the India-UK double taxation agreement (DTA) entered into force in the UK and India on December 27, 2013. The DTA Protocol is immediately effective in India,
See MoreIndian Government wants tax officials to be more friendly
The Indian Government has requested that tax officials act as "facilitators" rather than "administrators," and ensure that the taxation system is as taxpayer friendly as possible. The Finance Minister has suggested that procedures should be
See MoreIndian Capital Gains Tax slows Saudi Investment
Concerns have been raised by foreign investors about the effect of India's taxation system, particularly its capital gains tax, on foreign investment. The issue was raised during the India-Saudi Arabia Business Forum in Delhi. The Forum also looked
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