2015 (10) TMI 406

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....the Petitioner : Mr. Parse Padhiwala, Sr. Adv., Mr. Jay Savla, Adv., Ms. Renuka Sahu, Adv., Mr. Abhinav Sharma, Adv., Mr. Mukul Rohatgi, AG., Mr. Subas Acharya, Adv., Mr. Arijit Prasad, Adv., Mr. Pritish Kapoor, Adv., Ms. Diksha Rai, Adv., Mrs. Anil Katiyar, Adv., Mr. Harish N. Salve, Sr. Adv., Mr. Ajay Bhargava, Adv., Ms. Vanita Bhargava, Adv., Mr. Aseem Chaturvedi, Adv., Ms. Aditi Mukundan, Adv.....

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....rect Taxes, Ministry of Finance, Government of India. It states that Minimum Alternate Tax (MAT) provisions will not be available to FIIs and FPIs not having the business/Permanent Establishment in India for the period prior to 01.04.2015. We reproduce hereinbelow the said circular in entirety: - "Subject: Report on applicability of Minimum Alternate Tax (MAT) on FIIs/FPIs for the period pri....

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..../FPIs not having a place of business/ permanent establishment in India, for the period prior to 01.04.2015. The field authorities are accordingly advised to take into consideration the above position and keep in abeyance, for the time being, the pending assessment proceedings in cases of FIIs/FPIs involving the above issue. They are further advised not to pursue the recovery of outstanding demands....

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....ishment in India. After due consideration of the various aspects of the matter, the Government has decided that with effect from 01.04.2001 the provisions of section 115JB shall not be applicable to a foreign company if- 7 the foreign company is a resident of a country having DTAA with India and such foreign company does not have a permanent establishment within the definition of the term in th....