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Representation to Finance Ministry & Financial Institutions » Anomaly in Tax Deduction at Source (TDS) under Double Tax Treaty - 06.12.2008 (SBI)
Representation to Finance Ministry & Financial Institutions INDEX
- Aadhaar Enrolment to NRIs and PIOs
- Suggestions Re. Provisions of FEMA 1999 - 11th May, 2022
- Representation for providing details of Foreign Bank accounts by NRIs in Income Tax Returns.
- Levying of Income Tax on interest earned on NRE & FCNR Accounts of NRIs
- Indian Banks requested to inform USA NRIs regarding reporting under FATCA
- TDS as per DTAA - our rep. to SBI in 2008 finds place in Finance Bill, 2012
- Suggestions Re. Provisions of FEMA 1999 - 8 June 2011
- NRI's Global Income to be taxed - a Fallacy -19.10.2010
- DTC 2010 - Anomalies - our submission to Hon.Finance Minister - 30.10.2010
- Anomalies in deposit application of Tata Motors Ltd. - 04.03.2009
- THANKS - Hon.Finance Minister,Sir! Our Memo.re:TDS finds favour & Compies of various Memorandams
- Anomaly in Tax Deduction at Source (TDS) under Double Tax Treaty - 06.12.2008 (SBI)
- Anomalies in Times of India / Economic Times article regarding : "NRIs and PIOs can invest in real Estate in India - 01.12.2008
- Anomalies in Mid-term Review of Annual Policy for 2006-07 (04.11.2006)
- TDS anomalies regarding Long Term capital gains of NRIs. - 06.03.2006
- NRE / FCNR interest not Tax Exempt ! - 06.02.2006
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- Aadhaar Enrolment to NRIs and PIOs
- Suggestions Re. Provisions of FEMA 1999 - 11th May, 2022
- Representation for providing details of Foreign Bank accounts by NRIs in Income Tax Returns.
- Levying of Income Tax on interest earned on NRE & FCNR Accounts of NRIs
- Indian Banks requested to inform USA NRIs regarding reporting under FATCA
- TDS as per DTAA - our rep. to SBI in 2008 finds place in Finance Bill, 2012
- Suggestions Re. Provisions of FEMA 1999 - 8 June 2011
- NRI's Global Income to be taxed - a Fallacy -19.10.2010
- DTC 2010 - Anomalies - our submission to Hon.Finance Minister - 30.10.2010
- Anomalies in deposit application of Tata Motors Ltd. - 04.03.2009
- THANKS - Hon.Finance Minister,Sir! Our Memo.re:TDS finds favour & Compies of various Memorandams
- Anomaly in Tax Deduction at Source (TDS) under Double Tax Treaty - 06.12.2008 (SBI)
- Anomalies in Times of India / Economic Times article regarding : "NRIs and PIOs can invest in real Estate in India - 01.12.2008
- Anomalies in Mid-term Review of Annual Policy for 2006-07 (04.11.2006)
- TDS anomalies regarding Long Term capital gains of NRIs. - 06.03.2006
- NRE / FCNR interest not Tax Exempt ! - 06.02.2006
Encl: Relevant Provisions of Treaties/Notification:-
ANNEXURE - 1.
ANNEXURE AGREEMENT BETWEEN THE
Article 4 : Resident - 1. For the purposes of this Agreement, the term “resident of a Contracting State” means any person who, under the laws of that Contracting State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. 2. Where by reason of the provisions of paragraph 1, an individual is a resident of both Contracting States, then his status shall be determined as follows : (a) he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests) ; (b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode ; (c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national ; (d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph 1, a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated.
ANNEXURE - 2.
ANNEXURE - 3. UAE Agreement for avoidance of double taxation and the prevention of fiscal evasion with Annexure An agreement between the Government of the Republic of India and The Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital
ARTICLE 4 - Resident - 1. For the purposes of this Agreement the term ‘resident of a Contracting State ’ means any person who, under the laws of that state, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. 2. Where by reason of the provisions of paragraph (1), an individual is a resident of both (a) he shall be deemed to be resident of the State in which he has a permanent home available to him ; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests) ; (b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode; (c) if he has an habitual abode in both States or in either of them, he shall be deemed to be a resident of the State of which he is a national ; (d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph (1), a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated.
ANNEXURE - 5.
AMENDMENT NOTIFICATION NO. 282 OF 2007, DT. 28TH NOV., 2007
28 / 11 /2007
Double Taxation Avoidance Agreement between the Government of the
ANNEXURE
PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE
ARTICLE 1
Paragraph 1 of article 4 (Resident) shall be replaced by the following:
“1. For the purpose of this Agreement the term “resident of a Contracting States” means:
(a) in case of India: any person who, under the laws of India, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. This term, however does not include any person who is liable to tax in
(b) in the case of United Arab Emirates: an individual who is present in the UAE for a period or periods totaling in the aggregate at least 183 days in the calendar year concerned, and a company which is incorporated in the UAE and which is managed and controlled wholly in UAE.
2. For the purposes of paragraph 1 :
(a) The
(b) The
(c) Government institutions shall be deemed, according to affiliation, to be resident of the
(d) For the purposes of this article, Abu Dhabi Investment Authority is recognized as a resident of the
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