An
individual, qualifying as ordinary tax resident in India under the Income-tax
Act, 1961 (the Act), is eligible to claim credit in India on taxes paid in
foreign country with respect to doubly taxed income. As per India-USA Double
Taxation Avoidance Agreement (India-US tax treaty), federal income taxes paid
are allowed as tax credits in India. In this regard, in an earlier ruling in
the case of Tata Sons Ltd, the Mumbai bench of Income Tax Appellate Tribunal
(the Tribunal) had held that credit of State taxes paid in USA shall also be
available in India.
The Ahmedabad bench of the Tribunal in a recent
ruling in the case of Dr. Rajiv Modi has reaffirmed that a taxpayer is entitled
to claim credit of State taxes paid in USA against Indian Income tax liability
under the provisions of the Act irrespective of the fact that the case
pertained to a country which had tax treaty with India
Subscribe to:
Post Comments (Atom)
Karnataka HC holds HSNS Cess framework unconstitutional due to manner of Cess calculation
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
The Supreme Court of India has issued several key judgments in recent years concerning the Prevention of Money Laundering Act (PMLA). These...
No comments:
Post a Comment