India and US considering framework for resolving tax rows

30 December, 2013

India and the US could soon unveil details of a deal designed to resolve more than 100 outstanding tax disputes. The two sides almost finalized the outline of a mutual agreement procedure (MAP). Numerous discussions on the issue are said to have

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DTA signed between Latvia and India

27 December, 2013

According to media reports, Latvia's parliament approved a law that would ratify the DTA and an accompanying Protocol signed between Latvia and India on December 19,

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India is expected to post a Revenue Service office in Cyprus

26 December, 2013

India is expected to post a Revenue Service officer in Cyprus early in the new year, just months after it suspended its double tax avoidance agreement (DTAA) with the island. India has set up overseas Tax Units in various countries in an effort to

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India – Arm’s length price for sourcing support services

26 December, 2013

The Delhi High Court has held that the Transfer Pricing Officer’s determination of an arm’s length price based on a 5% markup of the “free on board” (FOB) value of goods sourced for a related party’s contract with third parties was

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India signs DTA with Macedonia to prevent income tax evasion

20 December, 2013

India signed a Double Taxation Avoidance Agreement (DTAA) with Macedonia on Dec 17, 2013,  to prevent income tax evasion by entities in both the countries, a move that is also expected to increase economic cooperation. The agreement provides

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India: Clarifies conditions of service tax amnesty

17 December, 2013

The Indian Finance Ministry has wanted to clarify concerns over its Service Tax Voluntary Compliance Encouragement Scheme (VCES) by commenting on issues raised by industry representatives. The Finance Minister recently settled a series of

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Tax treaty between India and United Kingdom – Indian decision on taxability of fees for technical services

12 December, 2013

The Indian Income Tax Appellate Tribunal (ITAT) issued its decision on 31 May 2013 in the case of Veeda Clinical Research Private Limited (ITA 1406/Ahd/2009) that the provision of market awareness and development in-house training services to an

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India: Determines guarantee rates on loans are arm’s length

12 December, 2013

The Mumbai Bench of the Income-tax Appellate Tribunal held that bank guarantee rates cannot be mechanically applied in determining the arm’s length price. The tribunal explained the difference between corporate guarantee and bank guarantee, and

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Technical services fees under treaty between India and Germany

10 December, 2013

It was held by the Agra Bench of the Income-tax Appellate Tribunal of India that leather testing charges were taxable as “fees for technical services” under the India-Germany income tax treaty. The treaty allows the source state the right to tax

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India: Determines arm’s length price of share transfers

10 December, 2013

The Income-tax Appellate Tribunal has held that the discounted cash flow method was preferable over the “yield” method or “net asset value” method for purposes of determining the arm’s length price of shares transferred to related parties.

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Cyprus – Effort to Resolve India Tax Treaty Suspension

09 December, 2013

The government of Cyprus is taking the initiative to resolve matters regarding the suspension of provisions within the tax treaty with India. The Indian government suspended the provisions of the 1994 tax agreement on 1 November 2013, with Cyprus

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India – GST implementation hits new delays

08 December, 2013

The Indian government’s plans to introduce a new implementation Bill and to replace the existing Indian VAT and CENVAT regimes with a new Goods & Services Tax (GST) look likely to be delayed again since the States are seeking to re-open

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India – Cyprus is identified as a “notified jurisdictional area”

08 December, 2013

The Finance Ministry of India has issued a release in which Cyprus is identified as a “notified jurisdictional area” with respect to transactions entered into by any Indian taxpayer with a person located in Cyprus. A transaction with a person in

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Cyprus and India held negotiations towards a revision of DTA

04 December, 2013

Cyprus and India held negotiations towards a revision to the countries’ double taxation agreement (DTA), to incorporate provisions on tax information exchange. The discussions continued over three days concluding on November 28,

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India: Government will reduce E-Payment Threshold from 2014  

03 December, 2013

The Indian Government decided to reduce the threshold limit of mandatory e- payment from January 1, 2014 with the Notification no. 15/2013-CE (NT) 22.11.13 and 16/2013- Service Tax 22.11.13 . From January 1, 2014 , Companies are essential to

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India : Loan simplification services and fees of foreign branches  

18 November, 2013

In a recent decision, the Mumbai Bench of the Income-tax Appellate Tribunal found that: Services provided by a taxpayer bank were “crucial services” and  the services were not a “mere facilitation” for concluding or signing of the loan

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India: Vodafone case regarding transfer pricing

06 November, 2013

The Bombay high court directed the income-tax department to stop the proceedings of its dispute resolution panel (DRP) against the Indian subsidiaries of Vodafone Group Plc and Royal Dutch Shell plc in an alleged transfer pricing case till the court

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In the Case of ADIT vs. Clifford Chance, the Tribunal ruled that professional services fees would be taxable in India

04 November, 2013

On 13 May 2013, the Special Bench of the Income Tax Appellate Tribunal issued its judgment in the case of ADIT vs. Clifford Chance. The Tribunal ruled that professional services fees would be taxable to the extent of the services actually

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