SC Ruling on MFN Clause – 30+ Key Observations on Treaty Practices | Taxsutra

Tags

Top Highlights

• July 13, 198

• @ 5% on dividend income by invoking MFN Clause under India-Switzerland DTAA

• f India's DTAA with Lithuania, which is also an OECD member, the Assessee is eligible for the benefit of lower withholding rate of 5%

• cate @ 10% which wa

• te of 5% on div

• lovenia, Lithuania, and Colombia were not OECD member countries when subject Netherlands DTAA was executed and thus, granted certificate at 10% w

• otocol stated that it "shall form part an integral part of the Convention" and thus, no fresh notification was requi

• ribes the state of affairs when request for application u/s 197 is made, not at the time when subject DTAA was executed.

• ficial rate of 5% in India-Slovenia DTAA will be applicable to recipients of Netherlands from date when Slovenia became OECD member, i.e., from August 21, 2010, although, the India-Slovenia DTAA came into force on February 17, 2005

• TAA with the Netherla

• dia entered into DTAA with OECD member

• issue a separate notification