Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
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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