Case Study on INDO USA DTAA
DOI:
https://doi.org/10.33516/maj.v56i7.104-106pKeywords:
No Keywords.Abstract
In 2013-14 BHEL was dragged into an international arbitration case raised by a Russian collaborator on a contractual dispute. For this both side had to engage independent Technical witness since the case involved complex technical interpretations. BHEL engaged an expert technical witness based in USA and as per the agreement with him a very substantial fees was paid to him for the same.
The issue, as detailed under this article, involved the question of TDS on remittance of fees and other reimbursements to this expert and fine interpretations of the various articles of the Double Taxation Avoidance Agreement (DTAA) with USA guided by the related case laws.
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References
Ref#1-MSEB vs. DCIT (2004) 93 ITD 793 Mum
Ref#2- DCIP vs. Chadbourne & Parke LLP (2005) 93 TTJ Mum 734
Ref#3- My opinion favoring Article 15 was initially thought as risky tax planning till all were convinced through the case laws.