Following the decision in the assessee’s own case for earlier years, the Tribunal held that reinsurance premium paid to non-resident reinsurers was not chargeable to tax in India under the Income-tax Act or the applicable Double Taxation Avoidance Agreements. Consequently, the assessee was under no obligation to deduct tax at source under section 195 and the disallowance under section 40(a)(i) was deleted. (AY. 2008-09 to 2014-15).
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