Presentations

Tax treaty benefits—the MLI conundrum [Dec 2025] New

Abstract: In this podcast, CA Ganesh Rajgopalan is in conversation with CA Abbas Jaorawala regarding the controversy over the notification requirement for the BEPS Multilateral Instrument (MLI).  The podcast covers the Nestlé SA ruling (CIVIL APPEAL NO(S). 1420 OF 2023) pronounced by the Hon’ble Supreme Court in 2023 as well as Sky High Leasing Co. Ltd. v. ACIT [2025] ITA No. 1198/Mum/2025 of the Income-tax Appellate Tribunal, which followed the Nestlé SA ruling to hold that a separate notification is required for the provisions of the MLI to modify the Double Tax Avoidance Agreements. 

The Bombay Chartered Accountants’ Society hosted the podcast in December 2025. 

Link: https://www.youtube.com/watch?v=LjtpybzSljM 
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Interpretation of MLI - [Nov 2024] 

Abstract : The Multilateral Instrument signed in 2016 to give effect to the BEPS measures in treaties, gives rise to interesting issues for interpretation. The Presentation describes the conflict between the Covered Tax agreement and the MLI and the application of the compatibility clauses in the MLI which act as conflict rules. The various tools for interpretation of the MLI based on the articles of the Vienna Convention are enumerated. The impact of notifications mismatch on the CTA is explored. How and to what extent treaties entered into by India are impacted is discussed though interesting examples. Mismatch of notifications and inappropriate reservations made as well as the usefulness (or lack of it) of the Synthesised Texts are discussed. 

MLI Article 13 on Specific Activities Exemption - A case study [August 2020]