India: Exploration, mining services not PE under treaty with Germany

India: PE under treaty with Germany

The KPMG member firm in India has prepared reports describing the following developments (read more at the hyperlinks provided below).

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  • Binding precedent: The Bombay High Court in a case concerning the treatment of interest on borrowed funds in respect of investments made in tax-free securities, addressed decisions that would be binding on all authorities and tribunals functioning within the state. The case is: HDFC Bank Ltd. Read a March 2016 report [PDF 354 KB]
  • Buyback of shares: Guidance from the Ministry of Corporate Affairs concerns the buyback of shares and securities by private companies and unlisted public companies. Read a March 2016 report [PDF 251 KB]
  • Consultancy services for exploration, mining, and extraction do not constitute PE under treaty with Germany: The Mumbai Bench of the Income-tax Appellate Tribunal held that consultancy services for exploration, mining, and extraction rendered by a German company do not constitute a permanent establishment (PE) in India under the India-Germany income tax treaty. The case is: Rheinbraun Engineering Und Wasser GmbH. Read a March 2016 report [PDF 313 KB]
  • Proposal to tax provident fund and superannuation is withdrawn: Union Budget 2016 had proposed certain changes in relation to taxation of provident funds and approved superannuation funds. The Finance Ministry intends to withdraw these proposals. Read a March 2016 report [PDF 314 KB]

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