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India: PE under tax treaty with UK; Protocol to treaty with China

India: PE under tax treaty with UK

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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  • Plan for amalgamation, no exemption from filing revised income tax return: The division bench of the Madras High Court overturned a decision from a single judge order of the court, and instead decided that the provisions under a plan of amalgamation did not provide an exemption from the statutory procedure for filing a revised income tax return under the Income Tax Act, 1961.  Read a July 2019 report [PDF 722 KB]

  • Permanent establishment defined; “any 12-month period” under India-UK income tax treaty: The Mumbai Bench of the Income-tax Appellate Tribunal determined that the phrase “any 12-month period” as used in the service permanent establishment (PE) clause of the India-UK income tax treaty means the “previous year” or “financial year.” The case is: Linklaters LLP. Read a July 2019 report [PDF 711 KB]

  • Protocol amending income tax treaty with China: The government in India “notified” the Protocol amending India’s income tax treaty with China. The Protocol—signed 26 November 2018—is effective in India with respect to income derived in any fiscal year beginning on or after 1 April 2020. Read a July 2019 report [PDF 644 KB]

  • Clarification of treatment of goods removed from India for “sale on approval basis” in an export business: The Central Board of Indirect Taxes and Customs (CBIC) released a circular to clarify issues concerning certain actions when goods are removed from India for an exhibition or on a consignment basis for export promotion. Read a July 2019 report [PDF 547 KB]

  • Clarification of information technology-enabled services: CBIC issued a circular to clarify whether the supply of information technology-enabled services (ITeS) on behalf of clients would qualify as intermediary services and whether these services would qualify as exports. Read a July 2019 report [PDF 552 KB]

  • Finance legislation passed: The Lok Sabha passed the Finance (No. 2) Bill, 2019 as presented by the Finance Minister. Read a July 2019 report [PDF 482 KB] that summarizes certain key amendments.

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