TMI Blog1972 (3) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... reading of the text of this article it is clear that the country is obliged to allow an abatement equal to the lower of the amounts of tax attributable to such excess in either country – therefore question is answered in affirmative and against revenue - - - - - Dated:- 1-3-1972 - Judge(s) : V. RAMASWAMY., RAMANUJAM. JUDGMENT The judgment of the court was delivered by RAMANUJAM J.- The q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Commissioner who held that the Income-tax Officer has to take into account the Ceylon profit tax paid by the assessee while calculating the abatement which he is entitled to under the Agreement. The Income-tax Officer, consequently, worked out the relief which the assessee will be entitled to at Rs. 17,969.41 by adopting the lesser of the rates of taxes, Indian and Ceylonese. On further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the lower of the amounts of tax attributable to such excess in either country. The following observations in that decision are pertinent: "On a prima facie reading of the text of this article it is clear that the country is obliged to allow an abatement equal to the lower of the amounts of tax attributable to such excess in either country. The words used are 'amounts of tax'. They have no rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
