Tata Consultancy Services Ltd. v. Dy. CIT [2023] 154 taxmann.com 372 / (2025) 129 ITR 667 (Mum.)(Trib.)

S. 90: Double taxation relief-Foreign tax credit-Credit on income exempt in India-Available where permitted by applicable DTAA-DTAA-India-USA [Art.25]

The assessee claimed foreign tax credit in respect of taxes paid overseas on income exempt from tax in India. The Tribunal held that such credit was allowable only where the relevant Double Taxation Avoidance Agreement expressly permitted credit even in respect of income exempt in India. Accordingly, credit was available only in respect of countries whose treaties contained such provisions. (AY. 2014-15).

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