OrbitaxIndian Tribunal Holds Domestic Royalty Definition under Income Tax Act Not Applicable under Tax Treaty with Netherlands
|Treaty Development|India-Netherlands
The Mumbai Income Tax Appellate Tribunal recently issued a decision on whether India's domestic definition of royalties as amended applies under the 1988 income and capital tax treaty with the Netherlands. The case involved Netherlands-based Baan Global BV (Baan), which develops and sells software.
In the 2008-09 tax year, Baan had a distribution agreement with its Indian subsidiary for the sa…
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