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Delhi High Court Issues Judgment on Application of Treaty MFN Clauses When Treaty Partners Become Members of OECD

|Treaty Development|India-Netherlands
India-Netherlands

The Delhi High Court issued a judgment dated 22 April 2021 concerning the application of the most favored nation (MFN) clauses in India's tax treaty in relation to certain treaty partners becoming members of the OECD after a treaty is signed. In most cases, the MFN clauses in India's tax treaties are triggered when India agrees to more beneficial withholding tax rates/terms regarding dividends, interest, royalties, and fees for technical services with third states that are a member of the OE…

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