TaxTMI 
TaxTMI 
Commentaries on OECD/UN Model Conventions and their importance
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....taxation. * UN Model Convention represents a compromise between the developing and developed countries. UN Model focusses on source based taxation. The OECD or UN Model Convention provides template to the tax administrations for negotiating the tax treaties. There are commentaries annexed to the Model Convention which helps in interpreting the model conventions. The OECD Model Commentaries repr....
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....preme Court has referred to the OECD convention while interpreting terms used in DTAA. OECD Model Commentary has been widely used in interpretation of tax treaties. The Commentary on the OECD MC states that: "the Commentaries have been cited in the published decisions of the courts of the great majority of Member countries. In many decisions, the Commentaries have been extensively quoted and anal....
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....dolan case, the Supreme Court has made reference to the OECD convention while interpreting terms used in DTAA. Both UN and OECD Model Commentaries are a great help in interpretation of tax treaties. Their importance in interpretation of tax treaties can hardly be over emphasized. [Credit Lyonnais v. DCIT (2005) 94 ITD 401 (Mum)] Model Commentaries give the authoritative interpretation of the pro....