Most favoured nation clause: import of concessional treaty treatment requires OECD membership at signing and domestic notification. The MFN clause permits importing a lower rate or restricted source taxation scope from a later India-third State treaty into an earlier India-OECD State treaty only if the third State was an OECD member when India concluded the later treaty, the later treaty was concluded after signature/entry into force of the earlier treaty as required by the MFN wording, India limited its taxing rights in the later treaty for the relevant income items, and India issues the required domestic notification implementing the treaty benefit; unilateral foreign decrees lacking bilateral consultation are not binding on India.
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.
Most favoured nation clause: import of concessional treaty treatment requires OECD membership at signing and domestic notification.
The MFN clause permits importing a lower rate or restricted source taxation scope from a later India-third State treaty into an earlier India-OECD State treaty only if the third State was an OECD member when India concluded the later treaty, the later treaty was concluded after signature/entry into force of the earlier treaty as required by the MFN wording, India limited its taxing rights in the later treaty for the relevant income items, and India issues the required domestic notification implementing the treaty benefit; unilateral foreign decrees lacking bilateral consultation are not binding on India.
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