Agreement for Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income between India and Tajikistan - 58/2009 - Income Tax Act, 1961
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Double taxation avoidance: treaty allocates taxing rights and sets relief, exchange of information, and anti abuse measures. Bilateral treaty allocates taxing rights between India and Tajikistan by defining residence and permanent establishment rules, prescribing source-state taxation limits for business profits and specific income categories (dividends, interest, royalties, capital gains, personal services), and setting methods to eliminate double taxation through credit or exemption with progression. It establishes mutual agreement and information-exchange mechanisms, non-discrimination protections, a limitation-of-benefits test to prevent abuse, and procedures for assistance in tax collection, entry into force and termination.
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: treaty allocates taxing rights and sets relief, exchange of information, and anti abuse measures.
Bilateral treaty allocates taxing rights between India and Tajikistan by defining residence and permanent establishment rules, prescribing source-state taxation limits for business profits and specific income categories (dividends, interest, royalties, capital gains, personal services), and setting methods to eliminate double taxation through credit or exemption with progression. It establishes mutual agreement and information-exchange mechanisms, non-discrimination protections, a limitation-of-benefits test to prevent abuse, and procedures for assistance in tax collection, entry into force and termination.
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