Income Tax : The guide explains how residents can avoid double taxation through DTAA benefits, Foreign Tax Credit, and Section 91 relief, outli...
Income Tax : Form 41 is now compulsory for non-residents claiming DTAA benefits, replacing Form 10F. The update mandates online filing and ensu...
Income Tax : The Court held that indirect share transfers deriving value from Indian assets are taxable. Treaty benefits were denied due to tax...
Income Tax : Income Tax Department Ministry of Finance, Government of India DTAA & FTC Double Taxation Avoidance Agreement (DTAA) & For...
Income Tax : The case explains the statutory framework governing appeals and revisions under the Income-tax Act. It highlights the role of face...
Income Tax : India and France have signed a protocol granting full taxing rights on capital gains from share sales to the country of company re...
Income Tax : CBDT issues clarification on Circular 01/2025, stating it applies only to the Principal Purpose Test in certain DTAAs and does not...
Income Tax : Explore challenges in TRC applications under DTAA by Indian companies. KSCAA proposes reforms for a simpler, efficient process. Le...
Income Tax : Explore the details of India's Double Tax Treaty with Cyprus, its signing date, benefits for both nations, tax recovery provisions...
Income Tax : Need for early amendment of DTAA regulations to stop the double taxation of Indian IT firms: Ms. Anupriya Patel tells the visiting...
Income Tax : The Kolkata ITAT held that advisory and consultancy services provided by a UAE company did not amount to Fees for Technical Servic...
Income Tax : ITAT Delhi held that CSR-related donations can qualify for deduction under Section 80G when made to institutions approved under th...
Income Tax : The Tribunal held that long-term capital losses can be carried forward even when long-term capital gains are exempt under the Indi...
Income Tax : Delhi ITAT held that Dividend Distribution Tax paid on dividends to non-resident shareholders could be restricted to the treaty ra...
Income Tax : Bangalore ITAT ruled that only solar days and not cumulative man-days should be considered while determining the existence of a Pe...
Income Tax : The government enforced a tax collection assistance agreement with Japan effective from 8 July 2025. The notification enables cros...
Income Tax : The amendment expands the definition of permanent establishment to include service-based activities exceeding 183 days. It clarifi...
Income Tax : The Finance Ministry notifies the India-Belgium protocol amending the 1993 tax treaty, effective June 26, 2025, updating definitio...
Income Tax : Notification implements the India-Qatar Double Taxation Avoidance Agreement (DTAA) and Protocol, effective from the next fiscal ye...
Income Tax : Circular No. 01/2025 outlines the application of the Principal Purpose Test (PPT) under India's Double Taxation Avoidance Agreemen...
The guide explains how residents can avoid double taxation through DTAA benefits, Foreign Tax Credit, and Section 91 relief, outlining TRC, Form 67, FTC limits, filing requirements, and key compliance rules.
The Kolkata ITAT held that advisory and consultancy services provided by a UAE company did not amount to Fees for Technical Services because no technical knowledge was made available. Consequently, no TDS liability arose on the remittances.
ITAT Delhi held that CSR-related donations can qualify for deduction under Section 80G when made to institutions approved under that provision. The Tribunal directed verification of eligibility and allowed the claim for statistical purposes.
The Tribunal held that long-term capital losses can be carried forward even when long-term capital gains are exempt under the India–Mauritius DTAA. Exempt gains do not enter the computation of total income and therefore cannot absorb the losses.
Delhi ITAT held that Dividend Distribution Tax paid on dividends to non-resident shareholders could be restricted to the treaty rate under applicable DTAAs. The Tribunal relied on the Bombay High Court ruling that DDT is, in substance, a tax on shareholder dividend income.
Bangalore ITAT ruled that only solar days and not cumulative man-days should be considered while determining the existence of a Permanent Establishment under the India-Saudi Arabia DTAA. Since the assessee’s stay was only 90 days, no PE was held to exist in India.
Mumbai ITAT held that business receipts from an Indian associated enterprise were not taxable in India because the assessee had no Permanent Establishment under the India-UAE DTAA. The Tribunal ruled that mere provision of personnel did not automatically create a PE.
ITAT Mumbai ruled that payments made for global brand, communications, and technology support services within the Deloitte network did not amount to royalty under Article 13(3) of the India-UK DTAA. The Tribunal held that no transfer of copyright or intellectual property rights had taken place.
The ITAT observed that mere remote access to customer-owned systems does not satisfy the disposal and permanence tests required for constituting a Fixed Place PE under the India-Canada DTAA.
Delhi ITAT ruled that only unique solar days of employee presence, and not cumulative man-days, should be considered for determining Service PE under the India-US DTAA. Since the assessee’s employees stayed only 72 unique days in India, no PE existed and Section 44BB taxation was deleted.
