Assessee had eleven Korean expatriate working exclusively for the Indian PE. These employees got salaries in Korea, and, in addition to that salary, when they come to India, they get certain additional amount as compensation for working in India. While the Indian salaries of these expatriates are paid in India and shown in the books of accounts in India and the salaries paid to expatriates in Korea are incurred by the head office. In view of Explanation 1 to Section 90, unless a foreign company makes prescribed arrangements for declaration and payment within India, of the dividend payable out of its income in India, the levy of tax at higher rate cannot be considered a less favourable levy of tax or more burdensome taxation vis-à-vis domestic companies, a Korea based banking company cannot be read down in the light of provisions of DTAA between India and Korea.  (AY.2012-13 to 2015-16)