India: Q&As on anti-avoidance rules; withholding and tax treaty provisions

India: Q&As on anti-avoidance rules

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

Related content

  • India economic survey: The Finance Minister presented to parliament an annual “economic survey” for 2016-2017, that reports information about developments in the Indian economy; summarises the performance of major developmental initiatives; and highlights steps taken by the government and the prospects of the economy in the short to medium-term. Read a January 2017 report [PDF 525 KB] 
  • Withholding tax and interplay with tax treaties: The Ahmedabad Bench of the Income-tax Appellate Tribunal held that when tax has been withheld (“deducted”) on the basis of beneficial provisions of tax treaties, the provisions of Section 206AA of the Income-tax Act, 1961 do not apply. The case is: Quick Flight Ltd. Read a January 2017 report [PDF 379 KB]
  • General Anti-Avoidance Rules: The Central Board of Direct Taxes issued a circular with answers to specific questions on the implementation of the provisions of the General Anti-Avoidance Rules. Read a January 2017 report [PDF 310 KB]
  • Surcharge and education cess on tax withholdings: The Delhi Bench of the Income-tax Appellate Tribunal concluded that a provision of the Income-tax Act, 1961 does not refer to a surcharge or education cess, and that such a surcharge and education cess cannot be levied on the amount of tax withheld at source. The case is: Computer Sciences Corporation India (P.) Ltd. Read a February 2017 report [PDF 384 KB]

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