Analysis of Circular no. 7/2009 issued to withdraw earlier circular pertaining to non-resident taxation

The Central Board of Direct Taxes (CBDT) had earlier issued a circular (Circular No. 23 dated July 23, 1969) clarifying the India tax liability of non-residents in respect of income accruing or arising through or from, a business connection in India. As per the aforesaid Circular 23, even if a business connection existed under section 9 of the Income-tax Act, 1961 (“the Act”), only so much of the profit which can be reasonably attributed to the operations of the business carried out in India could be subject to tax in India. Circular 23 also provided clarifications on the taxability of non-residents in specific situations.

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CBDT withdrawn circulars related to taxability of foreign companies and non-residents, engaged in specified business activities

Lately, the Central Board of Direct Taxes or CBDT (which is the highest ranking executive authority for income taxes in India) has withdrawn several of its circulars / instructions, which were relied upon by foreign companies and non resident taxpayers.

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