Case Code : CLIBE037
Publication date : 2005
Subject : Business Environment
Length : 02 Pages
Short Case Study Price: INR 50;
The caselet discusses the inflow of Foreign Institutional Investments to India. The decision of the Authority of Advanced Ruling (AAR) with regard to the taxation of Fidelity, a US-based FII is focused on. The caselet also looks into the applicability of the Indo-US Double Taxation Avoidance Agreement to investors.
Questions for Discussion:
1. The ARR recently gave its ruling that the profits made by Fidelity are not liable to taxation in India. Comment on the ruling. On the basis of the definition of PE in the Income Tax Law, do you think this was the right decision?
2. Many analysts feel that the Government of India should take a re-look at India's double taxation avoidance agreements with various countries. In the light of the situation mentioned in the case, do you support this view?
Foreign Institutional Investors (FIIs), SEBI, Authority for Advanced Rulings (AAR), Fidelity, Indo-US Double Taxation Avoidance Agreement (DTAA), Permanent Establishment, Standard Chartered Bank.
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