Tax on Foreign Income of Resident of India – Where income is subject to DTAA, the same shall be added to taxable income first and than relief shall be granted - 91/2008 - Income Tax Act, 1961
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Taxation of foreign income under DTAA: include such income in Indian taxable income, then grant treaty relief. Where a tax treaty provides that income of an Indian resident may be taxed in the other country, such income must be included in the resident's total income chargeable to tax in India, and relief shall be granted in accordance with the method for elimination or avoidance of double taxation provided in that agreement.
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.
Taxation of foreign income under DTAA: include such income in Indian taxable income, then grant treaty relief.
Where a tax treaty provides that income of an Indian resident may be taxed in the other country, such income must be included in the resident's total income chargeable to tax in India, and relief shall be granted in accordance with the method for elimination or avoidance of double taxation provided in that agreement.
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