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India-UK Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion (DTAC or the Convention) - Suspension of Collection of Taxes during Mutual Agreement Procedure (MAP)
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Suspension of tax collection during MAP allows abeyance of recovery upon confirmation of MAP and furnishing prescribed bank guarantee. Suspension of tax collection during Mutual Agreement Procedure under the India-UK MoU permits assessing officers to keep recovery in abeyance where the Foreign Tax and Tax Research Division confirms MAP pendency and the taxpayer furnishes a model-format bank guarantee. The bank guarantee is treated as sufficient arrangement for extension under Section 220(3) for the MAP duration, is capped at the additional tax demanded (with statutory interest adjustments), may be drawn only after notice between Competent Authorities, and is subject to renewal, substitution and specified termination events; suspension also covers related interest and penalties.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Suspension of tax collection during MAP allows abeyance of recovery upon confirmation of MAP and furnishing prescribed bank guarantee.
Suspension of tax collection during Mutual Agreement Procedure under the India-UK MoU permits assessing officers to keep recovery in abeyance where the Foreign Tax and Tax Research Division confirms MAP pendency and the taxpayer furnishes a model-format bank guarantee. The bank guarantee is treated as sufficient arrangement for extension under Section 220(3) for the MAP duration, is capped at the additional tax demanded (with statutory interest adjustments), may be drawn only after notice between Competent Authorities, and is subject to renewal, substitution and specified termination events; suspension also covers related interest and penalties.
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