Draft code set to do away with review of double taxation pacts…

Posted on September 22 2009 by admin

Despite a provision allowing treaty override, India may not have to renegotiate all its double tax avoidance agreements, once the Direct Taxes Code comes into effect. The provision simply gives India the leeway to pick and choose tax treaties it wants to re-negotiate. Others can simply be re-notified, a finance ministry official said. The draft Direct Taxes Code, unveiled last month has used the principle of lex posterior or later in time doctrine, implying that in case of a conflict, the new law would be accepted over the double taxation avoidance agreements (DTAAs). At present, the tax treaty overrides the …

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