Saturday International Tax Gyan
Knowledge comes, but wisdom lingers.
Relief from taxation on income from retirement benefit account maintained in a country outside India
Saturday International Tax Gyan!! (SITG -205) #taxmadeeasy #taxinpic Income accrued on such retirement plan will be taxable in the year of withdrawal or redemption (Section
Shipping income of Singapore Company will be taxed in Singapore only
Saturday International Tax Gyan!! (SITG -204) #taxmadeeasy #taxinpic Global income of tax resident of Singapore company from shipping operation is taxable only in Singapore and
Salary of a resident will not be taxable in India if employment exercised outside India
Saturday International Tax Gyan!! (SITG -203) #taxmadeeasy #taxinpic Where a resident assessee exercises his employment in US, and stays in US for more than 183
Protocol amending India- Mauritius Tax Treaty
Saturday International Tax Gyan!! (SITG -202) #taxmadeeasy #taxinpic Protocol amending the convention between the tax treaty of India and Mauritius for avoidance of double taxation
Taxation of ESOP in India would depend on period for which ESOP is granted
Saturday International Tax Gyan!! (SITG-201) #taxmadeeasy #taxinpic ESOP/ RSU shall be taxable in the country where employee was exercising his employment during the period for which ESOP
Service for background check and verification of employees not FTS or Royalty
Saturday International Tax Gyan!! (SITG-200) #taxmadeeasy #taxinpic Undertaking services in relation to background checks of employees or verification of testimonials cannot be considered as FTS or Royalty
Basics of USA taxation for Indian residents
Saturday International Tax Gyan!! (SITG-199) #taxmadeeasy #taxinpic Basics of USA taxation for Indian resident having companies in USA
Notification for incorporating MFN clause in India-Spain Treaty
Saturday International Tax Gyan!! (SITG-198) #taxmadeeasy #taxinpic CBDT issues notification for allowing MFN clause benefit to Spain from AY 2024-25
DRP cannot pass directions if Ld. AO has passed final order
Saturday International Tax Gyan!! (SITG-197) #taxmadeeasy #taxinpic Ld. DRP cannot pass directions if Ld. AO has already passed final assessment order without waiting for directions and assessee
Self-employment will also be considered as employment under section 6(1) of Income tax act
Saturday International Tax Gyan!!(SITG-196) #taxmadeeasy #taxinpic Employment as mentioned in Section 6(1) of the Income Tax Act shall also include self-employment or people going outside India for
Salary received in India for employment exercised outside India is not taxable in India
Saturday International Tax Gyan!!(SITG-195) #taxmadeeasy #taxinpic Salary received by a Non-Resident Person in relation to employment exercised outside India would not be considered as income accrued or
IUC charges received by Non-Resident telecom operators from Indian company not taxable in India
Saturday International Tax Gyan!!(SITG-194) #taxmadeeasy #taxinpic In this SITG we shall discuss Non-taxability of IUC charges received by Non-Resident telecom operators from Indian company with the help
Basic FAQs on International Tax Transactions
Saturday International Tax Gyan!! (SITG-193) #taxinpic #taxmadeeasy In this SITG we shall discuss various basic FAQs in relation to Non-residents and double taxation of various
International Business Transactions (Part-6)!!
Saturday International Tax Gyan!! (SITG-192) #taxinpic #taxmadeeasy Nature of transaction: Professional service
International Business Transactions (Part-5)!!
Saturday International Tax Gyan!! (SITG-191) #taxinpic #taxmadeeasy Nature of transaction: Repair, maintenance and related service
International Business Transactions (Part-4)!!
Saturday International Tax Gyan!! (SITG-190) #taxinpic #taxmadeeasy Nature of transaction: Managerial Services
International Business Transactions (Part-3)!!
Saturday International Tax Gyan!! (SITG-189) #taxinpic #taxmadeeasy We have come across various transactions, wherethe Indian entities/ persons make reimbursement payment to the foreign entitieswho have
International Business Transactions (Part-2)!!
Saturday International Tax Gyan!! (SITG-188) #taxinpic #taxmadeeasy Nature of transaction: Surveys and the related services
New Series- International Business Transactions (Part-1)!!
Saturday International Tax Gyan!! (SITG-187) #taxinpic #taxmadeeasy Nature of Transaction: Taxability on fees paid to non-resident for rendering services related to Project Review, Feasibility Study
Claiming additional FTC for withholding tax during the course of assessment proceedings if income already offered to tax
Saturday International Tax Gyan!! (SITG-186) #taxinpic #taxmadeeasy The assessee can claim additional foreign tax credit for withholding tax during the course of assessment proceedings if
Fees received for registering domain name from its customers does not amounts to ‘Royalty’
Saturday International Tax Gyan!! (SITG-185) #taxinpic #taxmadeeasy Fees received for registering domain name from its customers does not amounts to ‘Royalty’ GoDaddy.com LLC v. ACIT
Amendment to an explanation under Income tax will be retrospective or prospective?
Saturday International Tax Gyan!! (SITG-184) #taxinpic #taxmadeeasy Amendment made to the explanation which is in relation to another explanation or is beneficial to assessee should
Any modification in DTAA shall be available to the first nation only via notification by Union of India
Saturday International Tax Gyan!! (SITG-183) #taxinpic #taxmadeeasy Any modification in DTAA shall be available to the first nation only via notification by Union of India
All process are not covered under Royalty. Process which carries know-how or Intellectual Property are covered under Royalty
Saturday International Tax Gyan!! (SITG-182) #taxinpic #taxmadeeasy All process are not covered under Royalty. Process which carries know-how or Intellectual Property are covered under Royalty
Standard and automated service provider by the online service provider cannot be covered under FTS
Saturday International Tax Gyan!! (SITG-181) #taxinpic #taxmadeeasy Standard and automated service provider by the online service provider cannot be covered under FTS Amazon Web Services,
Assumption of ‘jurisdiction’ to be decided at the outset in case of non-resident entity
Saturday International Tax Gyan!! (SITG-180) #taxinpic #taxmadeeasy Assumption of ‘jurisdiction’ to be decided at the outset in case of non-resident entity Cricket South Africa (NPC)
Foreign assignment allowance is not taxable in India.
Saturday International Tax Gyan!! (SITG-179) #taxinpic #taxmadeeasy Foreign assignment allowance received by assessee for service outside India is not taxable in India. Durga Prasad Sana
Under India Germany Treaty Royalty is taxable on receipt basis
Saturday International Tax Gyan!! (SITG-178) #taxinpic #taxmadeeasy Under India Germany Treaty Royalty is taxable on receipt/ cash basis and not on accrual basis. M/s Faber
A guarantor is not require to deduct TDS on the purchase consideration paid by other entity (purchaser)
Saturday International Tax Gyan!! (SITG-177) #taxinpic #taxmadeeasy A person acting as a guarantor cannot be held liable for deducting TDS on payment made by the
Payment for domain registration & consideration will be considered as Royalty and FTS respectively
Saturday International Tax Gyan!! (SITG-176) #taxinpic #taxmadeeasy Amount received for domain name registration is considered as Royalty and amount received for web hosting service will
FTS from non-resident to Indian companies for business from India would be taxable in India
Saturday International Tax Gyan!! (SITG-175) #taxinpic #taxmadeeasy Payment made to non resident for technical services rendered outside India in relation to export by an Indian
While determining taxability of a service from non resident each transaction needs to be seen separately
Saturday International Tax Gyan!! (SITG-174) #taxinpic #taxmadeeasy Amount received by an assessee for sale of software and its support services will not be taxable as
An assessee can be eligible for split residency
Saturday International Tax Gyan!! (SITG-173) #taxinpic #taxmadeeasy An assessee can be considered as a resident of a country for a part of a year and
In case of CCPS converted equity shares date of issue/acquisition of CCPS shall be considered.
Saturday International Tax Gyan!! (SITG-172) #taxinpic #taxmadeeasy In case of CCPS, for India Mauritius Treaty date of issue/acquisition of CCPS shall be considered as date
Any right cannot be considered as Royalty. For royalty it should fall within specific category of definition as per DTAA
Saturday International Tax Gyan!! (SITG-171) #taxinpic #taxmadeeasy Transfer of any right cannot be covered under the definition of Royalty. To be considered as royalty it
Drawing for a specific project cannot be considered under FIS
Saturday International Tax Gyan!! (SITG-170) #taxinpic #taxmadeeasy Providing drawing and design for a specific project does not itself involve transfer of know-how. Hence, not covered
Income covered but not taxable as per specific provisions of DTAA, cannot be brought to tax under residuary provisions of the act or DTAA
Saturday International Tax Gyan!! (SITG-169) #taxinpic #taxmadeeasy Income covered but not taxable as per specific provision of DTAA, cannot be brought to tax under residuary
While determining PE, duration needs to be seen project-wise or country-wise
Saturday International Tax Gyan!! (SITG-168) #taxinpic #taxmadeeasy Merely because installation at both sites was done by the same contractors, the project cannot be treated as
Lease payment for an equipment which is not received can not be covered under Royalty
Saturday International Tax Gyan!! (SITG-167) #taxinpic #taxmadeeasy Lease payment for an equipment which is not received cannot be covered under the definition of Royalty as
Section 115A (Whether NRI earning interest income covered u/s 115A and having total income less than basic exemption limit is required to pay tax)
Saturday International Tax Gyan!! (SITG-166) #taxinpic #taxmadeeasy Section 115A (Tax on dividends, royalty and technical service fees in the case of foreign companies)
Inter-connectivity services received from foreign company is not taxable in India
Saturday International Tax Gyan!! (SITG-165) #taxinpic #taxmadeeasy The income received from transactions where the inter-connectivity services are being provided by a foreign company (NTO) to
Fee for providing data base access without technical assistance shall be considered as ‘Business Profits’
Saturday International Tax Gyan!! (SITG- 164) #taxmadeeasy #taxinpic Fees for providing data base access without any technical assistance is not considered as Technical service but
Non-residents are not required to declare foreign assets in India
Saturday International Tax Gyan!! (SITG- 163) #taxmadeeasy #taxinpic The assessee who is a foreign resident can not be asked to explain the assets located outside
Capital Gain covered under Article 13(4) earned in India can not be taxed in India if it offered to tax in Singapore
Saturday International Tax Gyan!! (SITG- 162) #taxmadeeasy #taxinpic Capital Gain covered under Article 13(4) of DTAA, earned in India by SIngapore Resident can not be
Automation services can not be considered as FTS and hence not taxable in India
Saturday International Tax Gyan!! (SITG- 161) #taxmadeeasy #taxinpic Where assessee is providing services which are standard services and are autmoated, same cannot be considered as
CBDT Circular on MFN Clause shall be applicable prospectively
Saturday International Tax Gyan!! (SITG- 160) #taxmadeeasy #taxinpic CBDT Circular on MFN Clause shall be applicable prospectively
Salary income from Indian employer for services outside India- Not taxable outside India
Saturday International Tax Gyan!! (SITG- 159) #taxmadeeasy #taxinpic Salary payable to an employee of Indian company who was deputed outside India, would be taxable outside
TDS not applicable u/s 195 in case of secondment of employees
Saturday International Tax Gyan!! (SITG No. 158) #taxmadeeasy #taxinpic Payment made to a Non-Resident Company with respect to the seconded employee would not be considered
Saturday International Tax Gyan- 3rd Anniversary- 10.06.2023
(SITG No. 157) Dear all, We present you the PPT showing a glimpse of the 3rd Anniversary celebration of SITG and 1st Anniversary celebration of FKF. Thank you everyone
Taxability to Non- residents on sale of unlisted equity shares
Saturday International Tax Gyan!! (SITG No. 156) #taxmadeeasy taxinpic Capital Gain arising on sale of unlisted shares by a non- resident has to be computed
MLI For Beginners Part 17 Article-14 (Splitting-up of contracts) and Article-15 (Closely Related Enterprises)
Saturday International Tax Gyan !!! (SITG No. 155) #taxmadeeasy #taxinpic MLI for Beginners ( Part 17) ARTICLE – 14 (Splitting- up of contracts) and Article-
MLI For Beginners Part 16 Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions)
Saturday International Tax Gyan !!! (SITG No. 154) #taxmadeeasy #taxinpic MLI for Beginners ( Part 16) ARTICLE – 13 (Artificial Avoidance ofPermanent Establishment Status through
MLI for Beginners Part 15 ARTICLE – 12 Artificial Avoidance of Permanent Establishment Status through Commissionaire Arrangements and Similar Strategies
Saturday International Tax Gyan !!! (SITG No. 153) #taxmadeeasy #taxinpic MLI for Beginners Part 15 ARTICLE – 12 Artificial Avoidance of Permanent Establishment Status through
MLI for Beginners Part 14 ARTICLE – 11 Application of Tax Agreements to Restrict party’s Right to Tax its own Residents
Saturday International Tax Gyan !!! (SITG No. 152) #taxmadeeasy #taxinpic MLI for Beginners ( Part 14) ARTICLE – 11 Application of Tax Agreements to Restrict
Total Oil India Private Ltd. Vs Deputy Commissioner of Income Tax
Saturday International Tax Gyan (SITG No.-151) #taxmadeeasy Total Oil India Private Ltd. Vs Deputy Commissioner of Income Tax DDT is a tax by company and
MLI for Beginners Part 13- Article 10 Curb tax evasion in triangular cases
Saturday International Tax Gyan!! (SITG No. 150) #taxmadeeasy #taxinpic MLI for Beginners (Part-13) – Article- 10 Anti abuse Rule for Permanent Establishments Situated in Third Jurisdictions
MLI for Beginners Part 12- Article 9 Capital gain from alienation of shares
Saturday International Tax Gyan!! (SITG No. 149) #taxmadeeasy #taxinpic MLI for Beginners (Part-12) – Article- 9 Capital Gains from Alienation of Shares or Interests of Entities
MLI for Beginners Part 11- Article 8 Dividend Transfer transaction
Saturday International Tax Gyan!! (SITG No. 148) #taxmadeeasy #taxinpic MLI for Beginners (Part-11) – Article- 8 Dividend Transfer Transaction [08.04.2023]
Amendments in tax rates of FTS and Royalty
Saturday International Tax Gyan!! (SITG No. 147) #taxmadeeasy #taxinpic Finance Act 2023 has increased the tax rates on FTS and Royalty from 10% to 20% [01.04.2023]
MLI for Beginners Part 10- Article 7 (Part-3) (GAAR V/s PPT)
Saturday International Tax Gyan!! (SITG No. 146) #taxmadeeasy #taxinpic MLI for Beginners (Part-10) – Article- 7 (Part-3) (GAAR V/s PPT) [25.03.2023]
MLI for Beginners Part 9- Article 7 (Part-2) (Incorporation of strict Anti- Treaty abuse Rules)
Saturday International Tax Gyan!! (SITG No. 145) #taxmadeeasy #taxinpic MLI for Beginners (Part-9) – Article- 7 (Part-2) (Incorporation of strict Anti- Treaty abuse Rules) [18.03.2023]
MLI for Beginners Part 8- Article 7 (Part-1) (Incorporation of strict Anti- Treaty abuse Rules)
Saturday International Tax Gyan!! (SITG No. 144) #taxmadeeasy#taxinpic MLI for Beginners (Part-8) – Article- 7 (Part-1) (Incorporation of strict Anti- Treaty abuse Rules) [11.03.2023]
MLI for Beginners Part 7 – Article 6 (Purpose of Covered Tax Agreements)
Saturday International Tax Gyan!! (SITG No. 143) #taxmadeeasy#taxinpic MLI for Beginners (Part-7) – Article- 6 (Purpose of CTA (Minimum Standard) [04.03.2023]
MLI for Beginners Part 6 – Article 5 (Application of methods for elimination of Double Taxation)
Saturday International Tax Gyan!! (SITG No. 142) #taxmadeeasy#taxinpic MLI for Beginners (Part-6) – Article- 5 (Application of methods of for elimination of Double Taxation) [25.02.2023]
MLI for Beginners Part 5 – Article 4 (Dual Residency of entities)
Saturday International Tax Gyan!! (SITG No. 141) #taxmadeeasy#taxinpic MLI for Beginners (Part-5) – Article- 4 (Dual Residency of entities) [18.02.2023]
MLI for Beginners Part 4 – India’s Position on MLI
Saturday International Tax Gyan!! (SITG No. 140) #taxmadeeasy#taxinpic MLI for Beginners (Part-4) – India’s Position on MLI [11.02.2023]
MLI for Beginners Part 3 – Structure and Framework of MLI
Saturday International Tax Gyan!! (SITG No. 139) #taxmadeeasy#taxinpic MLI for Beginners (Part-3) – Structure and Framework of MLI [04.02.2023]
MLI for beginners – Introduction to MLI
Saturday International Tax Gyan!! (SITG No. 138) #taxmadeeasy#taxinpic MLI for Beginners (Part-2) – Introduction to MLI [28.01.2023]
MLI Part 1-Basics (BEPS)
Saturday International Tax Gyan!! (SITG No. 137) #taxmadeeasy #taxinpic MLI for Beginners Series (Part-1) Basics of BEPS
Providing domain and web hosting service cannot be considered as Royalty – JSCO | SITG
Saturday International Tax Gyan!! (SITG No. 136) #taxmadeeasy #taxinpic Amount received by a registrar during the process of registering Domain Name, could not be considered
Sales and support services provided outside India is not taxable as FTS in India – JSCO | SITG
Saturday International Tax Gyan!! (SITG No. 135) #taxmadeeasy #taxinpic Sales and customer support services received outside India cannot be considered as accrued in India as
Transfer of Right to use Trademark in a certain territory will be considered as Royalty
Saturday International Tax Gyan!! (SITG No. 134) #taxmadeeasy #taxinpic Consideration received on transfer of trademark and brand name can be treated as royalty [2022] 145
Documents related to international transaction are important to determine it’s taxability – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic To determine taxability of International transaction proper invoices and agreements should be maintained. [2022] 142 taxmann.com 82 (Chennai – Trib.)
CBDT gives relaxation in filing Form 10F online – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic CBDT has issued notification Dt. 12.12.2022 providing partial relief for e-filing of Form 10F to various non-resident.
CA cannot be held Liable for checking genuinty of documents before issuing Form 15CB
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Currently we are seeing many CA are issuing Form 15CB in relation to foreign remittance and this is a welcoming judgment
Payment for procurement of export orders not FTS
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Rendering of service of procurement of export orders by a foreign company to an Indian company does not fall in category
Limitation of Benefit (LOB)
Saturday International Tax Gyan!! #taxmadeeasy In this article, we shall discuss about one of the ways to prevent anti-treaty practices- Limitation of Benefits.
What is treaty shopping? – A brief discussion
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic In this article we shall discuss about what is treaty shopping and what is the moto behind such treaty shopping.
Understanding make available clause
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Understanding and discussing the concepts of make available clause in various DTAA entered with India.
Commission, exhibition charges paid outside India not liable to TDS in India
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Commission, exhibition charges and testing charges paid outside India for sales outside India is not liable for TDS u/s 195 [2020]
Indian ordinary resident cannot be barred from beneficial provisions of DTAA
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Section 90 does not bar resident from taking benefit of Article 16 where Government has entered into DTAA [2022]138 taxmann.com 478
Equalization levy is not applicable if income is not accruing in India – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Equalization Levy 1.0 will not be applicable if recipient of service is located outside India and advertisement income is not accruing
Education service is not covered under the definition of FTS as per DTAA – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Educational services is not only restricted to teaching but also includes activities of evaluation & examinations [2022] 140 taxmann.com 596 (Hyderabad –
Foreign tax credit (FTC) is allowed if Form 67 filed – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Foreign tax credit (FTC) cannot be disallowed where assessee has filed Form No. 67 before completion of the assessment. (Sonakshi Sinha v. Commissioner of Income-tax (Appeals) [2022] 142
Services/ product provided to group companies without mark-up for internal use not liable to TDS – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Shared services provided for the internal use of group companies/members is not liable to tax. (Deloitte Haskins & Sells LLP V/s Deputy
Is Form 10F mandatory if TRC contains all details – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Recently we have seen that Form 10F needs to be filed online on e-filing portal for which the Non-resident will have
If the “make available” clause is not satisfied income cannot be taxed as FTS – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Enrichment of service recipient/Addition to his capabilities sans transfer of skill/technology will not satisfy “make available” clause, and hence is not
Cloud services taken from non-resident not liable to TDS if license not transferred – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Grant of right to install and use software & providing cloud computing software does not include providing copyright of said software
In case of foreign company, MAT is only applicable if there is a PE in India – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic In case of foreign company, MAT will only be applicable on the income which is attributable to PE in India [Credit
Amendment in due date for filing Form 67 – Foreign Tax credit – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Income Tax Department has amended rule 128 of Income Tax Rules and now assessee can file Form 67 to claim Foreign
In the absence of FTS article in DTAA, such income could be taxed as business income – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic In case of absence of FTS clause in DTAA, income earned by providing engineering services in India would fall under business
Online Filing of Form 10F enabled on E-filing portal – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Now all non-residents have to file Form 10F mandatorily online on e-filing portal and Form 10F needs to be accompanied by
Status Update on Applicability of MLI in India – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Considering the time and resources to be taken to change those treaties, BEPS Action plan 15 implemented a radical reform in
Rent earned from property situated outside India by assessee resident in India cannot be taxed in India – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Although a favorable judgement for assessee but not at all favorable to use as a precedent. The judgement: Rent earned from
Tax Withholding rate mentioned in DTAA and Income Tax Act are not the same – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic The withholding rate mentioned in DTAA is inclusive of cess and surcharge whereas we need to add cess and surcharge in
FTC cannot be used to pay tax on Indian source Income – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Effective tax rate for foreign income needs to be calculated only on income which is doubly taxed and not on gross
Reimbursement of salary of seconded employees cannot be considered as fees for included service – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Payment to non resident company for reimbursement of salary of seconded employee in India who are under control of Indian company
Relief from tax withholding as royalty to IT companies in Australia – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Relief provided in relation to withholding of tax on services provided by IT companies in Australia being taxed as royalty till
Subscription fees paid to non-resident country is not always taxable as Royalty – JSCO | SITG
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Subscription fees paid for processing of data without having the control of equipment or transfer of knowledge will not be considered
Saturday International Tax Gyan – 2nd Anniversary celebration – JSCO | SITG
Dear All, We thank you for being present with us in our celebration of 2nd Anniversary of Saturday International Tax Gyan on 11.06.2022. Please find the