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The assessee, a US citizen residing permanently in India, claimed that the tax rates specified in the India-USA DTAA include surcharge, surtax, and education cess would be applicable only for income earned in India. The ITAT held that as per Article 2(1)(b)(i) & (ii) of the DTAA, surcharge and surtax are included in the maximum rates specified under Articles 10 and 11. Since cess is an additional surcharge, the prescribed tax rates under the DTAA shall be deemed to include cess as well. Relying on precedents, the ITAT directed the CPC to recompute the assessee's tax liability by including education cess in the DTAA rates.
The assessee, a US citizen residing permanently in India, claimed that the tax rates specified in the India-USA DTAA include surcharge, surtax, and education cess would be applicable only for income earned in India. The ITAT held that as per Article 2(1)(b)(i) & (ii) of the DTAA, surcharge and surtax are included in the maximum rates specified under Articles 10 and 11. Since cess is an additional surcharge, the prescribed tax rates under the DTAA shall be deemed to include cess as well. Relying on precedents, the ITAT directed the CPC to recompute the assessee's tax liability by including education cess in the DTAA rates.
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