Daily Archives: July 9, 2016

Treaty provisions, no override

By | July 9, 2016

Treaty provisions, no override: The Chennai Bench of the Income-tax Appellate Tribunal held that a provision of the Income-tax Act, 1961 does not override a withholding tax rate prescribed by an income tax treaty. The case is: Pricol Ltd. Read a June 2016 report [PDF 325 KB]

Income from sale of software not royalty under India-Netherlands income tax treaty

By | July 9, 2016

Income from sale of software not royalty under India-Netherlands income tax treaty: The Mumbai Bench of the Income-tax Appellate Tribunal held that income from the sale of software is not a royalty within the meaning of Article 12(4) of India-Netherlands income tax treaty because the taxpayer did not allow the end-user to use a process… Read More »

Indirect transfers : FMV and reporting requirements

By | July 9, 2016

Fair market value and reporting requirements in relation to indirect transfers: The Central Board of Direct Taxes issued draft rules to prescribe the manner of computation of the fair market value of assets of a foreign company and the reporting requirements by the Indian concern. Draft forms for reporting requirements have also been provided. Read… Read More »