https://www.taxtmi.com/caselaws?id=328122 Dividend received by an Indian company from a Brazilian company was treated as exempt in India under the India-Brazil Double Taxation Avoidance Agreement. The dividend was paid out of post-tax profits, and the material before the lower authorities showed Brazilian tax had been paid in accordance with Brazilian law. Under Article 10, Brazil could tax the dividend up to the treaty limit, and under Article 23(3), India was required to exempt such dividend income where it was taxable in Brazil under Article 10(2). The treaty position prevailed over the domestic tax treatment relied on by the Revenue, and the treaty claim was accepted. en-us Wed, 04 May 2016 00:00:00 +0530 Thu, 26 May 2016 08:19:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328122 Dividend received by an Indian company from a Brazilian company was treated as exempt in India under the India-Brazil Double Taxation Avoidance Agreement. The dividend was paid out of post-tax profits, and the material before the lower authorities showed Brazilian tax had been paid in accordance with Brazilian law. Under Article 10, Brazil could tax the dividend up to the treaty limit, and under Article 23(3), India was required to exempt such dividend income where it was taxable in Brazil under Article 10(2). The treaty position prevailed over the domestic tax treatment relied on by the Revenue, and the treaty claim was accepted. Case-Laws Income Tax Wed, 04 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328122