CONTENTAbout the authorsPrefaceAcknowledgementContentsList of casesCHAPTER 1 TAX SCHEME IN INDIACHAPTER 2 DOUBLE TAX TREATIESCHAPTER 3 ASSESSMENT AND JUDICIAL REVIEWCHAPTER 4 ARTICLE 1 – APPLICATION OF CONVENTIONSCHAPTER 5 TAXES COVEREDCHAPTER 6 ARTICLE 3 – TREATY TERMS GENERALCHAPTER 7 UNDEFINED TREATY TERMSCHAPTER 8 TREATY TERM – RESIDENCECHAPTER 9 TREATY TERMS ARTICLE 5 – PERMANENT ESTABLISHMENTCHAPTER 10 TREATY TERMSCHAPTER 11 USE OF IMMOVABLE PROPERTYCHAPTER 12 BUSINESS INCOMECHAPTER 13 USE OF EQUIPMENT ASSETS AND MACHINERYCHAPTER 14 TAX ON E-COMMERCECHAPTER 15 ARTICLE 8 – TRANSPORT INCOMECHAPTER 16 ASSOCIATED ENTERPRISE AND TP RULESCHAPTER 17 ARTICLE 10 – DIVIDENDCHAPTER 18 ARTICLE 11 – USE OF MONEY – INTEREST INCOMECHAPTER 19 ARTICLE 12 – USE OF KNOW-HOW ROYALTYCHAPTER 20 ARTICLE 12 – TECHNICAL SERVICESCHAPTER 21 ARTICLE 13 – TRANSFER INCOME – CAPITAL GAINSCHAPTER 22 ARTICLE 14 – INDEPENDENT SERVICES INCOMECHAPTER 23 ARTICLE 15 – DEPENDENT SERVICES INCOMECHAPTER 24 ARTICLE 16 – DIRECTOR FEE AND REMUNERATIONCHAPTER 25 ARTICLE 17 – INCOME OF ARTISTES AND SPORTSMENCHAPTER 26 ARTICLE 18 – PENSIONS SOCIAL SECURITY ALIMONY AND CHILD SUPPORT PAYMENTSCHAPTER 27 ARTICLE 19 – SERVICES INCOMECHAPTER 28 ARTICLE 20 – SERVICES INCOMECHAPTER 29 ARTICLE 21 – OTHER INCOMECHAPTER 30 ARTICLE 22 – CAPITALCHAPTER 31 DTAA – LIMITATION ON BENEFITS (LOB)CHAPTER 32 DOUBLE TAXATION/ DOUBLE NON-TAXATIONCHAPTER 33 ARTICLE 24 – NON-DISCRIMINATIONCHAPTER 34 MUTUAL AGREEMENT PROCEDURE (MAP)CHAPTER 35 EXCHANGE OF INFORMATION (EOI)CHAPTER 36 DTAA – MUTUAL ASSISTANCE (MA)CHAPTER 37 DTAA – DIPLOMATIC AGENTS IMMUNITYCHAPTER 38 TERRITORIAL EXTENSIONCHAPTER 39 ENTRY INTO FORCE AND THE TERMINATION OF CONVENTIONCHAPTER 40 MANACEMENT OF EXPATRIATE WORKFORCECHAPTER 41 INCOME OF NON-RESIDENTS – EXEMPTION COMPUTATION AND TAXAPPENDICESAPPENDIX A RELEVANT SECTIONS OF INCOME TAX ACT,1961APPENDIX B SAFE HARBOUR RULESAPPENDIX C RELEVANT SECTIONS OF WEALTH TAX ACT,1957APPENDIX D UN MC CONVENTION BETWEEN (STATE A) AND (STATE B) WITH RESPECT TO TAXES ON INCOME AND CAPITALAPPENDIX E OECD MC MODEL CONVENTION WITH RESPECT TO TAXES ON INCOME AND ON CAPITALAPPENDIX F US·MC 2006 INCOME TAX CONVENTIONSUBJECT INDEX ABOUT THE BOOKAlso Incorporating:• Concept and impact of DTAAs on tax position of a taxpayer.• Treaty applicability to persons.• Taxes covered by the Tax treaties.• An understanding of the terms defined and undefined vis-a-vis domestic law.• Determination of residential status & permanent establishment.• Tax treatment of Royalty & Fees for Technical Services.• Jurisdiction to tax income under various classifications, i.e., Immovable property, Royalty, Interest income, FTS, Professional Services, etc.• Arresting possible tax avoidance in transactions between Associated Enterprises and Transfer pricing mechanism . .• Implications of ‘limitation of benefits’ clause as in US Model Convention and in several DTAAs with India. .• Non-discrimination treatment between national, residents and PEIFB of the States.• Mutual agreement procedure (MAP), Exchange of information (EOI) and also Mutual assistance (MA). ABOUT THE AUTHORSHRI R.P. GARG, is an Advocate practicing in Direct Tax Laws and specialising in International Tax Laws having 45 years experience, as a Chartered Accountant, as an advocate of High Courts and Supreme Court and as a Member of Income Tax Appellate Tribunal, a forum in India functioning under the administrative control of Ministry of Law, Govt. of India. This Apex body is final on facts and subject only to an appeal to High Court and only on a substantial question of law. He has been a member Tribunal for a period of over 23 years conducting tax second appeals and has retired as the Senior Vice President thereof. He has continuously contributed papers in various seminars and tax journals on International and Indian tax laws. He is currently a senior tax consultant to internationally reputed firms dealing in tax and treaty matter Academically he is a commerce graduate, a Fellow Member of the Institute of Chartered Accountants of India and has a master degree in law from Delhi university India He co-authored books on International Law, Income Tax, Limitation & Arbitration and Gift Tax laws.MS BEENU YADAV is BA (Hons.) Economics and a Law graduate practising in Corporate and International Tax matters since 1997 and has a good working experience with reputed law firms in India.
R.P Garg Beenu Yadav
July 2014 Edition