Agreement between the Government of the Republic of India and the Government of the Federal Republic of Germany for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes - S.O. 836(E) - Income Tax Act, 1961
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Double taxation avoidance: allocates taxing rights between India and Germany for cross-border income, capital, and withholding. Treaty sets a framework to avoid double taxation between India and Germany by defining resident status, the permanent establishment concept and profit attribution, and allocating taxing rights across income categories (immovable property, business profits, shipping and air transport, capital gains), with source state withholding limits for dividends, interest, royalties and fees for technical services. It prescribes relief mechanisms (exemption and credit), non discrimination, mutual agreement and information exchange procedures, and a protocol clarifying profit attribution and administrative provisions.
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.
Double taxation avoidance: allocates taxing rights between India and Germany for cross-border income, capital, and withholding.
Treaty sets a framework to avoid double taxation between India and Germany by defining resident status, the permanent establishment concept and profit attribution, and allocating taxing rights across income categories (immovable property, business profits, shipping and air transport, capital gains), with source state withholding limits for dividends, interest, royalties and fees for technical services. It prescribes relief mechanisms (exemption and credit), non discrimination, mutual agreement and information exchange procedures, and a protocol clarifying profit attribution and administrative provisions.
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