Casenote – Ruling on a Transparent Entity’s Eligibility To Claim Tax Treaty Benefits

Journal
Author
Susarla, K.
Country
India
Published Date
Issue
Asia-Pacific Tax Bulletin 2011 (Volume 17), No. 3
FormatPDF
EUR
45
| USD
50 (VAT excl.)

The Income Tax Appellate Tribunal recently ruled that even though an entity is fiscally transparent for tax purposes, it is still eligible to claim the benefits under the India–United Kingdom Tax Treaty. Additionally, the judgment provides guidance on the “force of attraction” principle enshrined in India’s tax treaties and its interpretation under India’s domestic tax law.