Tax deduction at source conflicts: refund procedure extended where treaty rate exceeds domestic rate, enabling relief for excess withholding. The Board extends the refund procedure in Circular No. 7/2007 to cases where tax has been deducted at a higher rate under a Double Taxation Avoidance Agreement than the lower rate prescribed under domestic law, recognizing the genuine hardship to the resident deductor and modifying the earlier Circular to cover such treaty-rate withholdings.
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Provisions expressly mentioned in the judgment/order text.
Tax deduction at source conflicts: refund procedure extended where treaty rate exceeds domestic rate, enabling relief for excess withholding.
The Board extends the refund procedure in Circular No. 7/2007 to cases where tax has been deducted at a higher rate under a Double Taxation Avoidance Agreement than the lower rate prescribed under domestic law, recognizing the genuine hardship to the resident deductor and modifying the earlier Circular to cover such treaty-rate withholdings.
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