India Kazakhstan amend DTAC for avoidance of double taxation and for prevention of fiscal evasion with respect to taxes on income.
India and Kazakhstan signed here today in the national capital a Protocol to amend the existing Double Taxation Avoidance Convention (DTAC) between the two countries which was earlier signed on 9thDecember, 1996 for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income.
Salient features of the Protocol are as under:
(i) The Protocol provides internationally accepted standards for effective exchange of information on tax matters. Further, the information received from Kazakhstan for tax purposes can be shared with other law enforcement agencies with authorisation of the competent authority of Kazakhstan and vice versa.
(ii) The Protocol inserts a Limitation of Benefits Article, to provide a main purpose test to prevent misuse of the DTAC and to allow application of domestic law and measures against tax avoidance or evasion.
(iii) The Protocol inserts specific provisions to facilitate relieving of economic double taxation in transfer pricing cases. This is a taxpayer friendly measure and is in line with India’s commitment under Base Erosion and Profit Shifting (BEPS) Action Plan to meet the minimum standard of providing Mutual Agreement Procedure (MAP) access in transfer pricing cases.
(iv) The Protocol inserts service PE provisions with a threshold and also provides that the profits to be attributed to PE will be determined on the basis of apportionment of total profits of the enterprise.
(v) The Protocol replaces existing Article on Assistance in Collection of Taxes with a new Article to align it with international standards.
*****
ITAT quashed reassessment on the basis of borrowed belief of Anti-Corruption Bureau without applying mind In a recent judgment, ITAT…
In considering disallowance u/s 40A(2) for payments to specified persons, genuineness of expenditure is not a relevant issue. In a…
Expression “Yes I am satisfied” in approval u/s 151 not such a vital defect on the basis of which, re-opening…
Section 143(1) Intimation is only an intimation and it cannot be treated as an order for the purpose of Section…
Order u/s 127 quashed as PCIT having jurisdiction over non corporate assesee could not have transferred case of a corporate…
DGFT issues modalities for eligibility, receipt and processing of applications for issuance of authorizations for export of wheat flour and…