| COURT: | ITAT Ahmedabad |
| CORAM: | Madhumita Roy (JM), Pramod Kumar (AM) |
| SECTION(S): | 90(2), 90(4), DTAA |
| GENRE: | Domestic Tax, International Tax |
| CATCH WORDS: | India-USA DTAA, Tax Residency Certificate (TRC) |
| COUNSEL: | S. N. Soparkar |
| DATE: | June 21, 2018 (Date of pronouncement) |
| DATE: | June 23, 2018 (Date of publication) |
| AY: | 2013-14, 2014-15 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 90(2) DTAA: The failure to submit a 'Tax Residency Certificate' (TRC) as required by s.90(4) is not a bar to the grant of benefits under the DTAA. However, the assessee is required to produce reasonable evidence of the entitlement of the foreign entity to benefits under the DTAA | |
Section 90(4), in the absence of a non-obstante clause, cannot be read as a limitation to the treaty superiority under Section 90(2), we are of the considered view that an eligible assessee cannot be declined the treaty protection under section 90(2) on the ground that the said assessee has not been able to furnish a Tax Residency Certificate in the prescribed form. De hors the statutory provision under Section 90(4), the assessee has to satisfy his eligibility for treaty protection nevertheless and the onus of satisfying the same by any other mode, i.e. other than a TRC, appears to be much more demanding than furnishing of a TRC. To be entitled for Indo US tax treaty benefits in India, a foreign enterprise has to establish that it is a resident of the other contracting state, i.e. the United States
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