Minimum Alternate Tax and the Indian Tax Treaties

Journal
Mehta, A. (Amar)
Asia-Pacific Tax Bulletin 2016 (Volume 22), No. 2
PriceUSD 45

This article provides an analysis of the Indian case law on the minimum alternate tax provisions under the Indian Income Tax Act 1961. The question is whether article 7 of the Indian tax treaties precludes this tax. A recent decision of the Income Tax Appellate Tribunal of Delhi confirms that it does so. The issue is of particular interest for non-resident enterprises, law firms and academics.