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2017 (5) TMI 1605 - AT - Income TaxRoyalty - payment received against supply of software - impact of amendment to section 9(1) - Article 12 of the Double Taxation Avoidance Agreement (DTAA/Tax treaty) entered in to by India and USA - Held that:- A plain reading of section 90(2) of the Act makes it clear that the provisions of the DTAA would prevail over the Act unless the Act is more beneficial to the assessee. Therefore, except to the extent a provision of the Act is more beneficial to it, the DTAA will override the Act. This is irrespective of whether the Act contains a provision that corresponds to the treaty provision. In our opinion, international taxation issues have to be decided keeping in mind the above broad principles. - Following the decision in the case of Antwerp Diamond (.2016 (10) TMI 1218 - ITAT MUMBAI) decided in favor of assessee.
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