Tax treatment of foreign companies: higher tax rate not treated as less favourable where dividend payment arrangement absent in India. An Explanation to section 90 declares that if a foreign company has not made the prescribed arrangement for declaration and payment within India of dividends payable out of its income in India, charging tax on that foreign company at a higher rate than on a domestic company shall not be regarded as a less favourable charge or levy of tax.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax treatment of foreign companies: higher tax rate not treated as less favourable where dividend payment arrangement absent in India.
An Explanation to section 90 declares that if a foreign company has not made the prescribed arrangement for declaration and payment within India of dividends payable out of its income in India, charging tax on that foreign company at a higher rate than on a domestic company shall not be regarded as a less favourable charge or levy of tax.
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