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India: Withholding on property sales, capital gains under Mauritius treaty

India: Withholding on property sales

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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  • Tax withheld on sale of property: The Hyderabad Bench of the Income-tax Appellate Tribunal held that tax is required to be “deducted” (withheld) from the actual consideration credited or paid and is not withheld based on the amount that the non-resident was deemed to have received from the sale of property. The case is: Shri Bhagwandas Nagla. Read a February 2018 report [PDF 356 KB]
  • New immigration services: India introduced digital immigration services, including an online “foreign registration office” registration and visa extensions forms. Read a February 2018 report [PDF 478 KB]
  • Prospective application of tax rule: The Supreme Court of India held that Rule 8D—concerning the method of determining the amount of expenditure in relation to income not includible in total income—was prospective in application and did not apply to any assessment year (AY) prior to AY 2008-09. The case is: Essar Teleholdings Ltd. Read a February 2018 report [PDF 559 KB] 
  • Assessment proceedings conducted electronically: The Central Board of Direct Taxes issued guidance about notices required for assessment proceedings that are conducted electronically. Read a February 2018 report [PDF 437 KB]
  • Taxability of capital gains under the India-Mauritius income tax treaty: The Authority for Advance Rulings (AAR) issued two rulings dealing with the taxability of capital gains under provisions of the India-Mauritius income tax treaty. Read a February 2018 report [PDF 603 KB]

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