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Are Indian Taxes Extra-Territorial?

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H P Agrawal BUSINESS STANDARD
Last Updated : Feb 26 2013 | 1:13 AM IST

As a general proposition of law, income can be taxed in a country if the same is earned there. When a country legislates to operate beyond its territories it would offend the rules of international law.

Section 9 of the Income Tax Act, which deals with incomes, like interest, royalty, and fees for technical services, seeks to charge tax from a foreign enterprise on the basis that the payment of the said income was made by an Indian resident.

Thus a foreign enterprise becomes liable to pay tax in India on certain types of amounts received by it from Indian resident even where the income arises under a contract made and performed outside India, or even where neither the income nor the contract has any connection with India.

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There appears to be no justification to levy income-tax on a foreigner in respect of income which has nothing to do with India.

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First Published: Feb 17 2003 | 12:00 AM IST

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