A separate branch of tax law has been developed in India as a result of a series of DTAs (Double Taxation Avoidance Agreements) that India has concluded with several countries. The reason for the entry into force of these agreements was in cases where a person with a source of income in India resided in another country. For the purposes of the DTA, income is considered to have been received in a country if the taxpayer resides there. Both countries want to tax the income of a person who comes from the same transaction, because a country`s desire to tax can never be satisfied. This is where dtAA comes in. It may confer the right to tax a certain type of income in one of the disputed States. The right to tax a particular income under the DTA may depend on certain conditions. For example, business income is generally taxable in the source State if the company has a permanent establishment there. (Source State means the State in which the income is generated or the State whose residents make payments to residents of the other Contracting State.) The concept of double taxation was devoid of purpose, which occasionally attracted the attention of courts in India and abroad. In Laxmipat Singhnia v. CIT, the Supreme Court clarified that “it is a fundamental rule of tax law that income, unless expressly provided otherwise, cannot be taxed twice.
Again, if the income has been paid to the appraiser and can be included in the total income of a given year, the income tax officer is not free to ignore the provision and then tax it as income for another year on the basis of receipt. “This principle promulgated by the Supreme Court has also been legally recognized in the Income Tax Act by Note 2 to Article 2. 5 of the Income Tax Act. . CONSOLIDATED TEXT OF THE MULTILATERAL CONVENTION ON THE IMPLEMENTATION OF MEASURES RELATED TO FISCAL TRADE TO PREVENT PROFIT EROSION AND PROFIT SHIFTING (MI) AND THE AGREEMENT BETWEEN THE GOVERNMENT Subscribe to this paid journal for more organized articles on the subject. AGREEMENT ON THE PREVENTION OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH ALBANIA THE GOVERNMENT OF THE REPUBLIC OF INDIA WITH REGARD TO TAXES ON INCOME AND CAPITAL NagarbhaviBangalore, KS Karnataka 560072India9259093673 (telephone). AGREEMENT ON THE PREVENTION OF DOUBLE TAXATION AND THE PREVENTION OF TAX EVASION WITH AFGHANISTAN. .
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