S. 90 :Double taxation relief-A notification under section 90(1) would be a mandatory condition to give effect to a DTAA, or any protocol changing its terms or conditions, which would have effect of altering existing provisions of law; for a party to claim benefit of a same treatment clause, based on entry of DTAA between India and another state which is member of OECD, relevant date would be entering into treaty with India and not a later date, when, after entering into DTAA with India, such country becomes an OECD member, in terms of India’s practice-OECD Model Convention-art, 24-Writ petition is dismissed. [ITR. 128, Art. 226]
Societe De Participations Financieres Et Industrielles Spafi(2024) 297 Taxman 75 (Delhi)(HC)