LIST OF IMPORTANT CIRCULARS ON DTAA AND INCOME OF NON - RESIDENTS IN INDIA HINESH R. DOSHI AND AASHISH MEHTA
Sr. No
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Circular/Notification No. & Date
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Reference
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Matter
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1
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No. 5, Dt.28-9-2004
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270 ITR (St.) 0031
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Taxation of business process outsourcing units of Non-Residents in India. (Revised, withdrawing Circular No. 1 dated 02-01-2004 [265 ITR
(St.)0023])
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2
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No. 1, of 2004 Dt. 2 1-2004
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265 ITR (St.) 0023
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Taxation of Business Process Outsourcing Units of Non-Resident in India.
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3
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No. 1 of 2003, Dt. 10-2-2003
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260 ITR (St.) 0245
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Residential status under Indo - Mauritius Double Tax Treaty
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4
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No. 10, Dt. 9-10-2002
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258 ITR (St.) 9
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Submission of no objection certificate in case of Remittances to Non - residents
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5
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No. 787, Dt. 10-2-2000
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243 ITR (St.) 1
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Taxation of income of artists, entertainers, sportsmen, etc.,from international/local events
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6
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No. 742, Dt. 2-5-1996
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219 ITR (St.) 0049
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Taxation of foreign telecasting companies
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7
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No. 765, Dt. 15-4-1998
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231 ITR (St.) 0010
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Taxation of foreign telecasting companies
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8
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No. 6/2001, Dt. 5-3-2001
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248 ITR (St.) 247
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Taxation of foreign telecasting companies
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9
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No. 740, Dt. 17-4-1996
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219 ITR (St.) 0008
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Taxability of remittance of interest by Branch of a foreign bank of its head office.
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10
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No. 734, Dt. 24-1-1996
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217 ITR (St.) 0074
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Rate of TDS under DTAA between India & U.A.E.
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11
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No. 728, Dt. 30-10-1995
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216 ITR (St.) 0141A
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Clarification regarding rate of TDS u/s 195 for remittance, clarified that such rates shall be as provided in relevant Finance act or in
DTAA whichever is more beneficial to the assessee
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12
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No. 588, Dt. 2-1-1991
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187 ITR (St.) 0063
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Taxability of import of system software from Non-residents
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13
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No. 333, Dt. 2-4-1982
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137 ITR (St.) 0001B
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A conflict in application of DTAA and provisions of Income Tax Act, 1961, clarified that beneficial provision shall apply
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14
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No. 108, Dt. 20-3-1973
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In relation to exchange of information between the countries for preventing evasion or avoidance of taxes and recovery thereof
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15
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No. 90 & 91/2008, Dt. 28-8-2008
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304 ITR 63
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Where treaty provides that any income of an Indian Resident "may be taxed" in the other country, such income shall be included in the total
Income of such resident and relief shall be available as per DTAA
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16
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CBDT Instruction No. 3/2004, Dt. 19-3-2004
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Suspension of collection of taxes during operation of Mutual Agreement Procedure in respect of India - UK DTAA
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17
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Circular No. 7 / 2009 [F. No.500/ 135/2007-FTD-I], Clarification Dt. 22-10-2009
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318 ITR 1
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Circular No. 23 dated 23rd July.1969 and Circular No. 163 dated 29th May, 1975 (both relating to taxability and accrual of Income of
Non-resident in India) are withdrawn. Further, circular no. 786 dated 7th February,2000 (relating to clarifation of taxability of export
commission in the hands of Non-resident in India) is also withdrawn
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18
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Circular No. 7 Dt. 23-10-2007 amended on 27-09-2011
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338 ITR 1
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The CBDT has laid down the procedure for refund of tax deducted at source u/s 195 of the Income Tax Act, 1961 to the person deducting tax
at source from the payment to a Non-resident. Refund will now be available to residents who have deducted tax at a higher rate, relying in
tax treaty, while a lower rate of tax deduction has been prescribed under domestic law
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19
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Notification No. 93/2009, Dt. 9-12-2009
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320 ITR 14
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"The territory in which the taxation law administered by the Ministry of Finance in Taipei is applied" has been notified as "Specified
Territory" and "India-taipei association in Taipei" and "Taipei Economic and Cultural Centre in New Delhi" have been notified as "Specified
Association" u/s 90A of the Income Tax act, 1961
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20
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Notification No.22/2010 [F.No. 142/5/2010-SO(TPL)], Dt. 8-04-2010
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323 ITR 52
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The following areas outside India have been notified as 'specified territory' u/s 90 of the Income Tax Act 1961:
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1.Bermuda
2.British Virgin Islands
3.Cayman Island
4.Gibraltar
5.Guernsey
6.Isle of Man
7.Jersey
8.Netherlands Antilles
9.Macau
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21
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Notification No.25/2010 [F.No.500/124/97-FTD-II], Dt. 20-04-2010
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323 ITR 52
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"Hong Kong Special Administrative Region of the People's Republic of China" has been notified as "Specified territory" u/s 90 of the Income
tax act, 1961
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22
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Notification No.54/2012[F.No.503/14/2012-FTD-I(PT)], Dt. 17-12-2012
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350 ITR 4
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Sint Maarten, a part of Kingdom of Netherland, has been notified a 'Specified Territory' u/s 90 of the Income Tax Act, 1969
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23
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Notification No. 3/2011-FTD-II [F.No.500/96/97-FTD-II], Dt. 10-01-2011
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330 ITR 6
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Agreement among Government of SAARC Member States for avoidance of double taxation and Mutual administrative matters is effective from 1
April, 2011
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24
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Notification No. 05/2011 [F.No.503/2/2009-FTD-I]
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330 ITR 83
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Tax Information Exchange Agreement between India and Barmuda signed on 7 October 2010
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25
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Notification No. 25/2011 [F.No.503/6/2009-FTD-I]
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334 ITR 296
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Tax Information Exchange Agreement between India and Bahamas signed on 11 February 2011
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26
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Notification No. 54/2011 [F.No.503/10/2009-FTD-I]
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338 ITR 25
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Tax Information Exchange Agreement between India and British Virgin Island signed on 9 February 2011 Press Note / Release No.
402/92/2006-MC (43 of 2011) 332 ITR 4
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27
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Notification No. 26/2011 [F.No.503/01/2008-FTD-I]
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334 ITR 313
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Tax Information Exchange Agreement between India and Isle of Man was signed on 4 February 2011
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28
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Notification No. 61/2011 [F.No.503/03/2009-FTD-I]
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340 ITR 1
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Tax Information Exchange Agreement between India and Cayman Islands was signed on 21 March 2011
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29
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Notification No.32/2012-FT-TR-II [F.No. 503/02/2010-FT & TR-II]
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348 ITR 132
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Tax Information Exchange Agreement between India and Liberia was signed on 03 October 2011
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30
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Notification No.26/2012 [F.No.503/6/2008-FTD-I]
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346 ITR 1
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Tax Information Exchange Agreement between India and Jersey was signed on 03 November 2011
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31
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Notification No.30/2012 [F.NO.503/01/2009-FTD-I]
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346 ITR 169
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Tax Information Exchange Agreement between India and Guernsey was signed on 20 December 2011
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32
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Notification No. 43/2012-FT&TR-II [F.No.503/04/2009-FT&TR-II]
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349 ITR 3
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Tax Information Exchange Agreement between India and Macao Sepecial Administration Region of the People's Republic of China was signed on
03 January 2012
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33
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Notification No. 28/2013 [F.No.503/11/2009-FTD-I]
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352 ITR 58
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Tax Information Exchange Agreement between India and Gibraltar was signed on 01 February 2013
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34
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Notification No. 22/2013 [F.No.504/3/2010-FTD-III]
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352 ITR 46
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Tax Information Exchange Agreement between India and Argrntina was signed on 21 November 2011
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35
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Notification No. 48/2011 [F.NO. 500/02/2001-FTD-II]
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337 ITR 96
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Agreement between India-Taipei Association in Taipei and Taipei Economic and Cultural Center in New Delhi for Avoidance of Double Taxation
and the prevention of Fiscal Evasion with respect to taxes on income shall be effective from 1 April, 2012.
The Agreement notifies the following rates for taxes on income-
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a) Dividend - 12.5% @
b) Interest - 10 % @
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Interest will be exempt if derived and beneficially owned by
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(i)The authority administering a territory, a sub-division or a local authority of other territory; or
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(ii)Central Banks and Export-Import Bank of the territories referred above;or
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(iii)any other institution as may be identified and accepted from time to time by competent authority by both the territories.
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c)Royalty and fees for technical services-10% @
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36
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Press Release, Dt.01-03-2013
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Finance Ministry's clarification on Tax Residency Certificate (TRC). The Tax Residency Certificate produced by a resident of a contracting
state will be accepted as evidence that he is a resident of that contracting state and the Income Tax Authorities in India will not go
behind the TRC and question his resident status
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37
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Notification No. 29/2013 [F.NO. 503/5/2004-FTD-II]/SO 951(E), Dt. 12-4-2013
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Protocol amending agreement between Government of India and Government of UAE
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38
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Notification No. 43/2013 [F.No.503/05/2009-FTD-I]/SO 1516(E), Dt. 12-6-2013
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India-Monaco DTAA to come into effect from March 27, 2013.
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39
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Notification No. 44/2013 [F.No.503/03/1994-FT&TR-II]/SO 1766(E) Dt. 19-6-2013
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India-Bahrain DTAA to come into effect from April 11, 2013.
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40
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Notification No.50/2013 [F.No.500/27/2007-FTD-II]/SO 2005(E), Dt. 4-7-2013
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Protocol amending the Convention between the Republic of India and People's Republic of Bangladesh
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41
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Instruction no. 8/2013, Dt. 16-07-2013
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Standard operating procedure for appeals/SLP's filed by the assessee in the supreme court and related matter
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42
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Notification No. 57/2013 [F.No. 142/16/2013-TPL/SO 2331(E)], Dt. 01-08-2013
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Income Tax (11th Amendment) Rules, 2013 - Additional Details required to be furnished along with TRC done away with
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43
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Notification No. 63/2013 [F. No. 505/02/1981-FTD-I]/SO 2459(E), Dt. 14-8-2013
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Protocol amending the Convention between the Republic of India and Kingdom of Sweden
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44
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Circular [F. No. 500/138/2002-FTD-II], Dt. 16-8-2013
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India-Uruguay DTAA to come into effect from April 1, 2014.
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45
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Notification no. 67/2013, Dt. 02-09-2013
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Income Tax (14th Amendment) Rules, 2014- Information by the person responsible for making any payment to a non - resident
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46
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Notification No. 73/2013 [F.No.142/28/2013-TPL] Dt.18-09-2013
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Safe Harbour Rules - Income Tax (16th Amendment) Rules, 2013
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47
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Notification No. 74/2013 [F.No. 503/1/2009-FTD-II] Dt. 20-09-2013
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Protocol Amending Convention between Republic of India and Government of Australia
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48
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Notification No. 75/2013, [F.No. 142/19/2013-TPL], Dt.23-09-2013
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Rules relating to GAAR notified with effect from 1st April, 2016
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49
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Notification No. 86/2013 [F.No.50405/2003-FTD-1], Dt. 01-11-2013
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Government specifies 'Cyprus' as 'notified jurisdictional area'
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50
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Notification No. 3/2014[F.No.503/4/2012-FTD-I]/SO 48(E), Dt. 7-1-2014
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India-Belize DTAA to come into effect from November 25, 2013.
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51
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Notification No.2/2014 [F.No.501/1/2003-FTD-I]/SO 47(E), Dt. 7-1-2014
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India-Albania DTAA to come into effect from December 4, 2013.
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52
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Circular No. 1/2014, [F No. 275/59/2012-IT(B)], Dt.13-1-2014
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Clarification regarding deduction of tax at source under section 194J - No TDS is required to be deducted on the service tax component on
Professional Fees
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53
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Notification No. 10/2014[F.No.505/3/1986-FTD-I]/SO 372(E), Dt. 10-2-2014
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Protocol amending the convention between India and United Kingdom & Northern Ireland effective from December 27, 2013.
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54
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Instruction no. 2/2014, [F.No.500/33/2013-FTD-I], Dt. 26-02-2014
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Deduction of tax at source u/s 195 r.w.s 201 of the Act relating to payment made to non-resident. In case where assessee fails to deduct
tax u/s 195, the AO shall determine the appropriate proportion of sum chargeable to tax to ascertain tax liability on which deductor shall
be deemed to be assessee in default u/s 201
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55
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Notification No. 12/2014 [F.No. 503/02/1997-FTD-I] Dt. 05-03-2014
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India-Latvia DTAA to come into effect from April 1, 2014.
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56
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Notification No. 13/2014 [F.No. 501/10/1995-FTD-I] Dt. 05-03-2014
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India-Romania DTAA to come into effect from December 16, 2013.
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57
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Notification No. 23/2014 [F.No. 503/08/2005-FTD-II] Dt. 28-03-2014
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India-Sri Lanka DTAA to come into effect from April 1, 2014.
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58
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Instruction no. 4/2014, [F.No. 225/151/2014-ITA.II], Dt. 07-04-2014
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Standard operating procedure for verification and correction of demand available or uploaded by AO in CPC Demand Portal
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59
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Notification No 34/2014 [F.No. 504/06/2003-FTD-I] Dt. 05-08-2014
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India-Malta DTAA to come into effect from April 1, 2015.
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60
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Notification No. 35/2014/F.No. 503/11/2005-FTD-II Dt. 12-08-2014
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India-Fiji DTAA to come into effect from April 1, 2015.
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61
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Notification No. 44/2014/F.No. 501/3/99-FTD-II Dt. 23-09-2014
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India-Columbia DTAA to come into effect from April 1, 2015.
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62
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Notification No. 42/2014/F.No. 503/4/2004-FTD-II Dt. 05-09-2014
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India-Bhutan DTAA to come into effect from April 1, 2015.
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63
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Notification No. 25/2015/F.No. 501/12/1995-FTD-I Dt. 23-03-2015
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India-Czechoslovak DTAA to apply to residents of Slovak Republic.
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64
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Notification No. 24/2015/F.No. 501/09/1995-FTD-I Dt. 17-03-2015
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India-Croatia DTAA to come into effect from April 1, 2016.
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65
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Notification No. 30/2014/F.No. 503/4/2009-FTD-I Dt. 06-06-2014
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Tax Information Exchange Agreement between India and Liechtenstein.
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66
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Notification No. 10/2015/F.No. 500/144/2005-FTD-I Dt. 02-02-2015
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India notifies protocol with South Africa for DTAA.
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67
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Notification No. 47/2014/F.No. 501/08/1979-FTD-I Dt. 24-09-2014
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India notifies protocol with Poland for DTAA.
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68
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Circular No 4/2015 Dt. 26/03/2015
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Clarification regarding Dividend Income received outside India.
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69
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Notification No. 45/2014
[F.No.500/1/2014-APA-II]
Dt:23/09/2014
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Computation Of Arm’S Length Price - Notified Tolerable Limit For
Determination Of ALP
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70
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A.P. (DIR Series)(2013-14) Circular
No. 151
Dt:30/06/2014
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Remittances To Non-Residents - Deduction Of Tax At Source
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71
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Press Release Dated 06/05/2014
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Revised Agreement Under India-South Korea DTAA
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72
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Instruction [F.No.500/36/2015-Ftd.I] Dt: 24/04/2015
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Claim Of Treaty Benefits By FIIs Under Provisions Of Double
Taxation Avoidance Agreements
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73
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Instruction No.3/2015
[F.No.500/2/2015-APA-II]
Dt :10/04/2015
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India-Uk Convention For Avoidance Of Double Taxation And Prevention Of Fiscal Evasion - Suspension Of Collection Of Taxes
During Mutual Agreement Procedure (MAP)
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74
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Circular No.3/2015 [F.No.225/201/2014-
ITA.II]
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Interest, etc., Paid To A Non-Resident Without
Deduction Of Tax At Source - Clarification On Amounts Not Deductible Under Section 40(a)(i)
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