The Supreme Court has finally put a full stop on the long going dispute of the Most-Favored Nation (MFN) clause in DTAA. India entered into DTAA with Netherlands, France and Switzerland, members of OECD, containing MFN clauses.
Under Income Tax Act, 1961, it is very important to determine the residential status of any person as it helps in determining the scope of taxable income in India. Until 2015, the concept of determination of residential status of foreign companies was very simplified.
CBDT has notified new valuation methods by amending provisions of Rule 11UA of Income Tax rules with effect from 23rd September, 2023. This amendment is made post covering fundings received from non-resident in excess of Fair market value under income tax ambit.
The Assessee earned dividend income from its subsidiary company based in Thailand. Assessee was liable to pay Income Tax @ 10% on such dividend income in Thailand. However, tax was exempted due to the statutory regime obtained in Thailand. While filing ITR in India, Assessee disclosed such income and claimed the credit of tax @ 10% which was payable in Thailand but not paid due to exemptions.
Where foreign company or entity held assets in India through an Indian concern, then such Indian concern is required to file information in Form 49D about transfer of share or interest of such foreign company or entities with Income tax authorities of India India.
Finance Act, 2023 amended the provisions of Section 206(1G) to increase the rate of TCS from 5% to 20% for remittance under LRS as well as purchase of tour program packages and removed the threshold limit of INR 7,50,000.
Trading in the share market has increased a lot and not only persons who are engaged in hardcore share trading, other persons also invest funds in the share market. Every income in India is liable to Income tax. Similarly, profit or loss earned from share trading is also liable to income tax.
Inheritance of property is a very common scenario and these properties are sold subsequently as well. In India, the sale of inherited property can have potential tax implications, particularly regarding capital gains. Capital gains tax is levied on the profit earned from the sale of an asset, including inherited property.