https://www.taxtmi.com/caselaws?id=204513 A foreign company covered by the Indo-Mauritian DTAA was held taxable at the higher rate applicable to foreign companies rather than the domestic-company rate, because the retrospective Explanation 1 to section 90 of the Income-tax Act states that such differential rate treatment is not discriminatory and treaty provisions do not override the Finance Act rate where no specific treaty rate applies. By contrast, travelling and entertainment expense disallowance was not sustained under the Mauritius DTAA, because Article 7(3) allowed deductions for expenditure incurred for the permanent establishment and the treaty standard, not domestic restrictions under rule 6D and section 37(2), governed the computation of business profits. en-us Fri, 16 Oct 2009 00:00:00 +0530 Tue, 28 Jun 2011 18:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=204513 A foreign company covered by the Indo-Mauritian DTAA was held taxable at the higher rate applicable to foreign companies rather than the domestic-company rate, because the retrospective Explanation 1 to section 90 of the Income-tax Act states that such differential rate treatment is not discriminatory and treaty provisions do not override the Finance Act rate where no specific treaty rate applies. By contrast, travelling and entertainment expense disallowance was not sustained under the Mauritius DTAA, because Article 7(3) allowed deductions for expenditure incurred for the permanent establishment and the treaty standard, not domestic restrictions under rule 6D and section 37(2), governed the computation of business profits. Case-Laws Income Tax Fri, 16 Oct 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=204513