ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

D P SenguptaSubscribe to D P Sengupta

Tax Residency Certifi cates

The budget proposal that a tax residency certifi cate is a necessary but not suffi cient condition to access treaty benefi ts triggered a slide in the Sensex prompting the government to issue a clarifi cation that the tax authorities in India will not go behind the TRC and question the residential status of the taxpayer. This article examines the issue of TRCs from the time of the opening up of the economy. It examines the observations of the courts and joint parliamentary committees, and international jurisprudence and argues that the Government of India in a very non-transparent manner is allowing treaty shopping to continue unabated.

Direct Taxes Code and Taxation of Agricultural Income

Given the pressures on government expenditure and the need to generate additional revenues without generating too many distortions, it is important to bring back to the discussion table the need to deal with taxation of agricultural incomes. The issue has been discussed at length by a number of reports on taxation as well as in the literature on tax policy in India. This paper seeks to reignite this debate at two levels: one by asking for a more comprehensive taxation of incomes, implying thereby taxation of agricultural incomes as well. The second is the need to use current legislation to ensure that the exemption base of agricultural income from taxation is kept as narrow as possible as against expanding it.
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