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The Gujarat High Court has ruled that a Permanent Account Number (PAN) is not required to claim the benefit of a lower Tax Deducted at Source (TDS) rate under a Double Tax Avoidance Agreement (DTAA). As per the bench of Justice Bhargav D. Karia and Justice Pranav Trivedi, Section 206AA of the Income Tax Act […]
The Delhi High Court has ruled that a specific clause in the Income Tax Act cannot be used to extend the period for reviewing certain cases under the treaty between India and Switzerland, if the case itself is considered invalid. A division bench of Justices Vibhu Bakhru and Tejas Karia said that, “On a plain […]
The Delhi bench of Income Tax Appellate Tribunal ( ITAT ) in a case stated that routine support services are not to be categorized under “Fee for Technical Services” (FTS) under the India-UK Double Taxation Avoidance Agreement (DTAA), and therefore are not accountable to taxation in India. Nord Anglia Education Ltd, the assessee/appellant is an […]
In a ruling in favour of Mitsubishi Corporation India P Ltd, the Delhi High Court ruled that disallowance under section 40(a)(i) of the Income Tax Act, 1961 does not apply concerning the provision of Double Taxation Avoidance Agreements (DTAAs) entered into by India with Japan and the USA. The order passed by the ITAT is […]
The recent ruling from the Income Tax Appellate Tribunal (ITAT) in the matter between Amit Laroya and ACIT (ITAT Delhi) carries significant implications for the taxation of salary income earned by a Korean resident for services provided outside of India. The central issue revolves around the interpretation of Article 15(1) of the India-Korea Double Taxation […]
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) ruled that interconnectivity utility charges (IUC) could not be levied to tax as royalty under the India-Austria Double Taxation Avoidance Treaty (DTAA). The bench of Beena Pillai (Judicial Member) and Chandra Poojari (Accountant Member) witnessed that payments that the taxpayer obtained for interconnectivity utility levies […]
A Chandigarh bench of the ITAT ruled that the penalty under section 271(1)(c) does not apply because tax has already been deducted in accordance with Double Taxation Avoidance Agreements (DTAA). As a short summary, the facts are that the assessee is not a resident of the country and has booked certain units in the entity […]
The status of the residential person poses an essential role in finding out the method of his or her income that shall come under the tax for that year in India. Moreover, non-resident Indians NRIs and Persons of Indian Origin (PIOs) are very careful in preparing their stay in India for the specific year so […]
The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) has provided relief to a non-resident taxpayer after discovering that a revised Income Tax Return (ITR) was filed fraudulently by a consultant without the taxpayer’s knowledge. This wrongful action led to a tax demand of ₹12.93 lakh for the assessment year 2024–25. The case is […]
