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Income Tax - Highlights / Catch Notes

Home Highlights November 2017 Year 2017 This

TDS u/s 195 - Since Section 40(a)(i) as it stood in AY 2006-07 ...


Income Tax Act's Section 40(a)(i) deemed discriminatory, conflicts with Indo-Japan and Indo-US DTAA Articles 24(3) and 26(3).

November 27, 2017

Case Laws     Income Tax     HC

TDS u/s 195 - Since Section 40(a)(i) as it stood in AY 2006-07 continued to discriminate in the above manner and was inconsistent with Article 24(3) of the Indo Japan DTAA or Article 26 (3) of the Indo US DTAA, the Assessee was entitled to rely on the above DTAA provisions to claim deduction of the sums paid to entities in Japan and USA. - HC

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