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India Tax News

Indian decision on whether PE had to be in existence during receipt of income in order to be taxable

24 March 2007

Treaty between India and Norway – withholding tax rates reduced

24 March 2007

Indian decision on whether profits from supply of equipment taxable

15 January 2007

Indian Supreme Court decision on transaction value between related parties

15 January 2007

Indian decision finds payments for use of satellite transponder not "royalty"

15 January 2007

Ruling on taxability of non-resident with captive BPOs to be appealed

14 October 2006

Indian ruling that commission paid to non-residents are taxable in India even if the services are provided outside India

13 August 2006

Indian decision on applicability of tax treaty or domestic tax rate for different income streams

11 July 2006

Indian ruling on taxability of payments for information under India-UK tax treaty

14 June 2006

Indian decision on applicability of non-discrimination article in India-Korea (Rep.) tax treaty

14 June 2006

Indian decision on applicable tax rate for down payment for transfer of technical know-how

14 May 2006

Indian decision that fees for (interior) designs or drawings do not constitute technical service fees or royalty under India-Singapore tax treaty

14 May 2006

Tribunal ruling on taxation of foreign telecasting company in India

9 April 2006

Treaty between India and Singapore – Singapore seeks further amendments re CGT

9 April 2006

Budget for 2006/07

9 April 2006

Ruling on taxability of non-residents with captive BPOs

9 April 2006

Indian decision on applicability of India-UAE treaty (re shipping income) to UAE residents

9 April 2006

Protocol between Japan and India signed

9 April 2006

Protocol between India and Italy – details

9 April 2006

Indian ruling that US pension fund does not qualify for treaty benefits

19 February 2006

Protocol between India and Italy signed

19 February 2006

National Tax Tribunal takes effect

19 February 2006

Decision on deductibility of interest paid by Indian branch to Netherlands head office

1 January 2006

Advance ruling on segregation of technical service fees under tax treaties

1 January 2006

The Japanese Ministry of Finance announced on 31 October 2005 that Japan and India have agreed to revise their tax treaty Basically, both countries agreed to partially revise the existing treaty as follows:

6 December 2005

On 3 November 2005 the Indian Union Cabinet gave its approval for the signing of a protocol amending the India-Italy income tax treaty of 19 February 1993. Further details of the protocol will be reported subsequently.

6 December 2005

Taxation of income "Foreign Institutional Investors" being reviewed

9 November 2005

Indian Tribunal rules domestic/foreign company classification under Indian tax legislation does not contravene non-discrimination clause of India-France treaty

16 October 2005

It has been reported that Kuwait and Saudi Arabia, which are respectively negotiating tax treaties with India, are seeking to have capital gains arising from the sale/transfer of moveable property taxed in the state of residence. This request for residence-based taxation for these capital gains appears to stem from the Comprehensive Economic Cooperation Agreement (CEPA) between India and Singapore that was signed on 29 June 2005. The CEPA includes a protocol to the existing India-Singapore tax treaty, whereby Article 13 was amended to provide that capital gains on sale of shares derived by a resident of one of the states will only be taxable in the resident country. Accordingly, capital gains arising to a Singaporean resident on sale of shares in Indian companies would not be liable to tax in India.

21 September 2005

Tribunal rules that fees for credit ratings services taxable as "royalty"

21 September 2005

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