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Bilateral Tax Treaties: A Review of Indian Laws

The chapter traces the evolution of tax treaties and the importance of these treaties in international law and analyzes the link between the need for economic development and promoting foreign direct investment (FDI). It, then draws the tax structure prevalent in India before the New Industrial Policy (NIP) and the importance of the Indian domestic laws in promoting Bilateral Tax Treaties (BTTs). The provisions dealing with the scope and applicability, methods adopted to eliminate double taxation, etc., that are enunciated in the BTTs to highlight the salient features of the Indian BTTs are also discussed. Finally, the chapter emphasizes the implications of such treaties for India, which could be applicable to any developing country and suggests that no foreign investment would be beneficial to the economy unless the laws and policies are made stringent and failing which it shall have negative impact on economic growth. Keywords:Bilateral Tax Treaties (BTTs); economic development; foreign direct investment (FDI); Indian domestic laws; international law; New Industrial Policy (NIP); tax treaties