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......................................................................................................................... Book Description The pursuit of liberalized economic, and industrial policies and programmes since early Nineties has resulted in more and more collaboration and Joint Ventures at various levels in the Public and Private Sectors to keep pace with the ever changing international advancements. The steady influx of multinationals to set up business ventures in India coupled with the inflow funds from Non-residents for short-term and long-term investments in India have helped to achieve a sound and stable economy that India has come to be recognized internationally. This has helped to build a sizeable foreign exchange reserve which is so vital for the economy of the Country, enhancing its bargaining power. The Government of India has entered into numerous Tax Treatise as well Trade Agreements with various foreign countries to provide stability and certainty to the tax laws and commercial relationship between the parties in India pronouncements including advance rulings in the recent years under the tax laws, both direct and indirect, has added to the confidence of Non-Residents being inspired with the Indian fiscal and judicial systems. The tax Treaties have helped both the Collaborators from abroad and the Indian Enterprises in the private and Public Sectors to know precisely the nature, extent and scope of the tax liability as also the country in which tax is payable. Tax laws being complicated and ever changing, it is payable. Tax laws being complicated and ever changing, it is essential to have a book like he present one which provides an authoritative and analytical commentary on the tax implications which are explained in various chapters lucidly. Tax implications of foreign collaboration, tax treatment of payments to collaborators and their technicians and executives, effect of the special provisions of Tax Treaties and a host of allied matters of direct and indirect tax laws have been elaborately dealt with in this exhaustive exposition. The Statutory amendments up to and inclusive of Finance Act, 2011 and the Rulings of Courts and Tribunals reported up to March, 2011 have been taken into account in this revised and enlarged Eighth Edition to provide a unique and authoritative commentary for the guidance of taxpayers, tax authorities, collaborators and their counsels as also the judicial and appellate authorities besides being an indispensable guide and research work for all concerned. ......................................................................................................................... Contents VOLUME I TAX PLANNIMG FOR COLLABORATIONS 1. INTRODUCTION 2. TAX LIABILITY OFFOREIGN COLLABORATORS AN INDIA 3. INCOME TAX TREATMENT OF PAYMENTS TO FOREIGN COLLABORATORS : ANALYTICAL STUDY 4. TAX TREATMENT OF FOREIGN TRAVEL EXPENSES 5. JOINT VENTURES A BROAD BY INDIAN ENTERPRISES 6. TAX IMPLICATIONS OF FLUCTUATIONS IN RATES OF EXCHANGE OF CURRENCIES 7. GROSSING UP OF TAX AND INCOME 8. ASSESSMENT OF FOREIGN COLLABORATORS IN INDIA THROUGH AGTNTS 9. DEDUCTION OF TAX AT SOURCE FROM NON-R HSIDE NT'S INCOM E 10. PENALTY QN AGENT OF NON-RESIDENTFOR NON-DEDUCTION OF TAX AT SOURCE 11. RECOVERY OF TAX FROM NON-RESIDENTS 12. TRANSFER PRICING AND INTERNATIONAL TRANSACTIONS 13. DOUBLETAXATIONREL1EFRULE 14. TAXATIONOFEMPLQYF.ESOFFQRE1GN ENTERPRISES IN INDIA 15. INCGMETAXEXEMRNONTQTECHNLCIANS FROM 1.4.1994 16. DISALLOWANCEOFHEADOMCEEXPENSESGF NON-RESIDENTS 17. RATES QFTAX ON INCOME OF NON-RESIDENTS 18. TREATMENT OF INCOME TAX PAID ABROAD 19. ADVANCE RULINGS FOR NON-RESIDENTS 20. PROBLEMS OF NON-RESIDENTS IN TAX TREATMENT 21. TAXEXEMPTIONFORSALESINCOURSEOF IMPORTS/EXPORTS 22. INDIAN CUSTOMS LAWS: AN OVERVIEW 23. ANI DUMPING AND SAFEGUARD DUTIES 24. SERVICE TAX ON TAXABLE SERVICES RENDERED OUTSIDE INDIA 25. GUIDELINES ON LAW RELATING TO FOREIGN EXCHANGE DEALINGS 26. FOREIGN TRADE AGREEMENTS BETWEEN INDTA AND OTHER COUNTRIES 27. RATES OF TAX UNDER DOUBLE TAXATION AVOIDANCE AGREEMENTS VOLUME II TEXT OF DOUBLE TAXATION AVOIDANCE AGREEMENTS BETWEEN INDIA AND OTHER COUNTRIES 28. TAXATION AVOIDANCE AGREEMENT WITH ARMENIA 29. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH AUSTRALIA 30. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH AUSTRIA 31. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BANGLADESH 32. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BELARUS 33. DOUBLE TAXATION AVOEDANCE AGREEMENT WITH BELGIUM 34. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BERMUDA 35. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BOTSWANA 36. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BRAZIL 37. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BULGARIA 38. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH CANADA 39. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH CHINA 40. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH CYPRUS 41. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH CZECH REPUBLIC 42. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH DENMARK 43. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH FINLAND 44. DOUB LE TAXATION AVOIDANCE AGREEMENT WETH FRENCH REPUBLIC 45. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH GERMANY 46. DOUBLETAXATIQNAVQTDANCEAGREEMENT WITH GREECE; 47. DOUBLE TAX AT [ON AVOIDANCE AGREEMENT WITH HUNGARY 48. DOUBLETAXAT1QNAVQTDANCEACREEMENT WITH ICELAND 49. DOUBLE TAXATION AVOIDANCE AGREEMENT W1TH1NDGNESIA 50. DOUBLETAXATIONAVQIDANCEAGREBMENT WITH IRELAND 51. DOUBLE TAXATEQN AVOIDANCE AGREEMENT WITH ISRAEL 52. DOUBLETAXAT10NAVQEDANGE AGREEMENT WITH ITALY 53. DOUBLET A VATEON AVOIDANCE AGREEMKNT WITH JAPAN 54. DOUBLETAXATLONAVQINANCE AGREEMENT WITH JORDAN 55. DOUBLT TAXATION AVOIDANCE AGREEMENT 56. DOUBLE TAXATION A VOIDANCT AGREEMENT WITIL KENYA 57. DOUBLE TAXATION AVOIDANCE AGREEMENT WITTT HEPU HLIC OF KOREA 58. DOUBIE TAXATION AVOIDANCE AGREEMEN WITH KUWAIT 59. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH KYRGYZ REPUBLRC 60. DOUNLE ETAXATLON AVOTDANCT AGREEMENT WITH LEBYAN ARAB JAMAHIRIYA 61. DOUBLE TAXATION AVOIDANCE AGREEMENT W1TEE LUXEMBOURG 62. DOUBLE TAX ATI ON AVOIDANCE AGREEMENT WITH MALAYSIA 63. DOUHLETAXATIONAVOIDANCEAGREEMEST WITH MALT A 64. DOUBLE TAXATION A VQEDANCH AGREEMENT WITH MAUR1TELJS 65. DOUBLETAXATIQNAVQTDANCEAGREEMENT WITH MONGOLIA 66. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH MOROCCO 67. DOUBLE TAXATLONAVOJOANCEACREEMROT WITH MY AN MAR 68. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH NAMIBIA 69. DOUBLETAXATIONAVOIDANCEAGREEMENT WITH NEPAL 70. DOUBLE TAXATION AVOIDANCE AGREEMENT VVIT1 1 NETHERLANDS 71. DOLTFLLETAXATIONAVOLDANCEAGREEMEVR WITH N'EW ZEALAND 72. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH UEW ZEALAND [AMENDMENT] 73. DOUBLE TAXATION AVOIDATVCEAGREEMENR WITH NORWAY 74. DOUBLE TAXATION AVQIDANCEAGREEMENT WITH OMAN 75. DOUBLE TAXATION AVOLDANCEAGREEMENT WITH PHILIPPINES 76. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH POLAND 77. DOUBLE TAXATION AVOIDANCE AGREEMENT 78. DOUBLE TAXATION AVOFTJANCE AGREEMENT WITH QATAR 79. DOUBLEFTAXATIONAVOIDANCEACPFEMENT WITH ROMANIA 80. DOUBLETAVATIONAVOEDANCEAGREEMENT WITH RUSSIAN FEDERATION 81. DOUBLETAVATIONAVOIDANCEAGREEMENT WFFH KINGDOM OF SAUDI ARABIA 82. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH SERBIA AND MONTENEGRO 83. DOUBLETAVATJON AVOIDANCE AGREEMENT WITH SINGAPORE 84. DOUBLE TAXATION AVOIDANCE AGREEMENT WTTIISLUVENJA 85. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH SOUTH A ERIC A 86. DOUBLE TAXATTON AVOIDANCE AGREEMENT WITH SPAIN 87. DOUBLE TAXATLON. AVOIDANCE AGREEMENT WITH SRI LANKA 88. DOUBLE TAX ATI ON AVOIDANCE AGREEMENT WITH SUDAN 89. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH SWEDEN 90. DOUBLETAXAT1ONAVOIDANCEAGREEMENT WITH SWISS CONFEDERATION 91. DOUBLE TAXATION AVOIDAS'CF AGREEMENT WITH SYRIA 92. DOUBLETAXATIONAVO1DANCEAGREEMENT WITH SYRIAN ARAB REPUBLIC 93. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH TAJIKISTAN 94. DOUBLETAXATIQNAVQTDANCEAGHEEMENT WITH TANZANIA 95. DOUBLETAXATIQN AVOIDANCE AGREEMENT WITH THAI LAND 96. DOUBLE TAXATION AVOIDANCE AGREEMENT WLTIITR1NIDAD AND TOBAGO 97. DOUBLETAXATIONAVOIDANCEAGREEMENT WITH TURKEY 98. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH TURKMENISTAN 99. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH UGANDA 100. DOUBLE TAXATION AVOIDANCE AGREEMENT WTTH UKRAINE 101. DOUBLE TAXATIONAVOIDANCEAGREEMENT WITH UNITED ARAB EMIRATES 102. DOUBLE TAXATION AVOIDANCEAGREHMENT WITH UNITED ARAB REPUBLIC 103. DOUBLE TAXATION AVOIDANCR AGREEMENT WITH UNITED KINGDOM 104. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH UNITED MEXICAN STATES 105. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH UNITED STATES OF AMERICA 106. DOUBLETAXATIONAVOIDANCEAGREHMENT WITH UZBEKISTAN 107. DOUBLETAXATKJNAVOIDANCEAGHEEMENT WITH VIETNAM 108. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH REPUBLIC VOLUME III PARTI LIMITED AGREEMENTS WITH RESPFCT TO MERCHANT SHIPPING AND INCOME OF AIRLINES 119. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH AFGHANISTAN 110. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH BULCARJA 111. DOUBLE TAXATION AVOEDANCE AGREEMENT WITH CZECHOSLOVAKIA SOCIALIST REPUBLIC 115. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH ETHIOPIA 116. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH IRAN 117. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH KUWAET 118. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH LEBANON 119. DOUBLE TAXATION AVOIDANCE AGREEMENT WETH OMAN 120. DOUBLET AX ATIONAVOEDANCE AGREEMENT WEFH PAKISTAN' 121. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH PEOPLE'S DEMOCRATIC REPUBLIC OF YEMEN 122. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH RUSSIAN EF DERATION 123. DOUBLE TAXATEON AVOIDANCE AGREEMENT WITH SAUDI ARABIA 124. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH SWITZERLAND 125. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH UAE 126. DOUBLE TAXATION AVOIDANCE AGREEMENT WITH YEMEN ARAB REPUBLIC PART II TRADE AGREEMENTS 129. AGREEMENT ON TRAFTE NEGOTIATIONS AMONG DEVELOPING MEMBER COUNTRIES OF THE ECONOMIC AND SOCIAL COMMESSEON FOR ASIA AND THE PACEFIC (BANGKOK AGREEMENT) ASIA-PACIFIC TKADE AGRTFMHNT—AMENDMENT 130. E-RAMFWORK AGREEMENTON ECONOMIC COOPERATEON BETWEEN THE REPUBLIC OP INDIA AND THE MEMBER STATES OF THE COOPERATION COUNCIL FOR THE ARAB STATFS OF THE GULF 130. FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMLCCO-ODERATION BETWEEN TH ASSOCIATION OP SOUTHEAST ASIAN NATIONS (ASTIAN) AND INDIA 131. FRAMEWORK AGREEMF-NT 0 COMPREHENSIVE ECONOMIC CO-OPERATION BETWEEN THE REPUBLIC OF INDIA AND THE ASSOCIATION OF SOU TH EASTAS1AN NATIONS 132. PREFERENTIAL TRADE AGREEMEN F BETWEENTHE RETUSUC OF INDIA AND THTTRANSITIONAL ISLANTIC STATE OF AFGHANISTAN 133. TRADEAGREEMENTBETWEEN INDIA AND BANGLADESH 134. AGREEMENT ON TRADE COMMTIRCEAND TRANSIT BETWEEN THE GOVERNMENT OF THE PUBLIC OF INDIA AND TUB ROVAL GOVERNMENT OF BHUTAN 135. TRADEAGREFMLNTBETWEENTHEGOVERNMENT OT INDIA AND THF-COVERNMTNT OF CEYLON 136. FRAMEWORK AGREEMEN I ON ECONOMIC CO-OFK-RATION WITH CHJLE 137. REFCRENTLAI. TRADEAGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE REPUBLIC OF CHILE 138. TRADE AGREEMENT BETWETNTHEGOVFRNMEN I OFTHEREL'L'BLICOH INDIA ANDTIIEGOVTRNMENL OF THE PEOPLE'S REPUBLIC OF CHIN A 139. AGREEMENT ON ECONOMIC COOI'FRATION BETWEEN THEGOVF-HNMTN I OF THE RTPUBLIC OF INDIA ANLJTTTE GOVERNMENT OF THE REPUBLIC OF FINLAND 140. AGREEMTNTOFCOMRRFTIENSIVBF-CONOMLC PARTNERSHIP SITTWEEN INIITA AND JAPAN 141. AGRTEMENTONRKADHPRQMOLJONAND ECONOMIC AND TECHN 1CAL CO-OPFRATION BETWEEN THE GOVERNMENT OT INDIA AND THE GOVERNMENT QFTHFC REPUBLIC OF KOREA 142. TRADE AGREEMTNTITETWETNTTIEGOVLLLNMENT OF THE RTL-UBLLC OF INOIA AND THF GOVERNMENT OFTHE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA 143. AGREEMENT OF ECONOMIC CO-OPERATION BETWEEN GOVERNMENT OF INDIA AND MALAYSIA 144. TRADEAGREEMBNTBETWEENTHEGOVEPNMENT OF THE REPUBLIC OT INDIA AND THE GOVERNMENT OF THE REPUBLIC OF MALDIVES 145. FRAMEWORKAGREEMENTBFTWEENTHE REPUBLIC OFINDEAANDMERCQSLR 146. PREFTKENTEAL TRADE AGREEMENT BET WEEN THE REPL'BIICQFINDIA AND ERCQSUEL 147. AGKEEMENTOFCO-OPFRATEONBETWEEN OVERNMENT OF INDIA AND HIS MAJESTY'S CCWERNMEN TOF NEPAL TO CONTROL UNAUTHORISED TRADE A. MEMORANDUM TO THE PROTOCOL TO THE REATY OF TRANSIT BETWEEN INDIA AND NFPAL 148. THEATYOFTRADEBETWEENTIEEGOVHRNMENT OF INDIA. AND HIS MAJESTY'S OVERNMENT OF NEFAL 149. TREATYQFTEIANSITBETWEEN THE GOVERNMENT OFINDEAAND HIS MAJESTY'S GOVERNMENT OF NEPAL 150. JNPO-NEPAL TREATY OF TRADE 151. TRADING ARRANGEMENT BETWEEN THE GOVERNMENT OF INDIA AND AKISTAN 152. ACHEEMENTONTRADEENSRKVICES BETWEEN TNP1A AND SAARC COUNTRIES 153. COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE REPUBLIC OF SINGAPORE 154. FREETRADEAGREEMENTBETWEENTIEEREPUBLEC OF ENDIA AND THE DEMOCRATIC SOCIALIST RERUBI TC OF SRF LANKA 155. FRAMEWORKAGREEMENTFOR ESTABLISHING FHEF TRADE AREA BETWEEN THE REPUBLIC OF INDIA AND THE KINGDOM OF THAILAND ......................................................................................................................... Author Details Shri. R. Santhanam, Advocate, has been one of the senior faculty members of the Institute of Chartered Accountants of India. He has specialized in the tax laws, both direct and indirect. He has also been Secretary of the Taxation Committee of the Institute for more than a decade. He is legal adviser to certain companies, besides being an eminent scholar and prolific writer. He has contributed hundreds of articles of analytical nature on practical issues and topics of great public importance with authoritative analysis of the law and its application. He is a regular contributor in Professional journals in various fields of law, including direct taxes, excise and customs laws, corporate laws, sales tax laws, constitutional and allied legislations with authentic basis for the benefit of professionals, research scholars, taxpayers as well as tax authorities. He is also the author of seven other books filed ‘Taxation of Capital Gains’. “Tax Planning in respect of Capital Gains, Tax Planning in respect of Salaries and Perquisites’, ‘Tax Planning by Exporters’, ‘A Guide to Amalgamations of Companies with Special Reference to Tax Planning, Law of Surtax’ and ‘Tax Planning in respect of Clubbing of Income and Wealth’ and each of them is considered as an excellent commentary on the respective subject. He is also the author of three volumes of ‘Compendium of Tax Cases relating to Business Income’. He is well-known for his deep analytical knowledge and specialization in different corporate and commercial laws, labour legislative and constitutional matters. He is known for his inimitable style of writing and skill. He is also the Chief Editor of Current Tax Reporter. .........................................................................................................................
