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India: Tax treatment under tax treaties with Mauritius, Singapore, Russia

India: Tax treatment of receipts under tax treaties

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).

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  • “Nil withholding tax certificate,” capital gains under India-Mauritius income tax treaty: The Bombay High Court issued an order quashing a tax officer’s denial of a “nil withholding tax certificate” in respect of capital gain realized on the sale of shares of an Indian company by a Mauritian company. The High Court issued an order to release (refund) to the taxpayer the amount of tax already withheld plus interest. The case is: Indostar Capital. Read a May 2019 report [PDF 728 KB]

 

  • Distribution charges received for telecasting of TV channels in India not taxable as “royalty” under India-Singapore income tax treaty: The Bombay High Court addressed the taxability of distribution charges received on account of telecasting of TV channels in India under the provisions of the Income-tax Act, 1961 as well as under the India-Singapore income tax treaty. The High Court held that these receipts are not taxable as royalty income because the taxpayer did not part with any of the copyrights, and the payment was not for any copyright in literary, artistic or scientific work. The case is: MSM Satellite Pte. Ltd. Read a May 2019 report [PDF 818 KB]
 
  • Income of foreign company as a member of consortium/project for providing technical assistance held taxable as business income under the India-Russia income tax treaty: The Delhi Bench of the Income-tax Appellate Tribunal held that income earned by a foreign company as a member of consortium/project for providing technical assistance was taxable as business income under the India-Russia income tax treaty The case is: PJSC Stroytransgaz. Read a May 2019 report [PDF 813 KB]

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