https://www.taxtmi.com/caselaws?id=366322 A resident assessee claiming credit in India for US tax withheld on interest from its US subsidiary was entitled to relief under the relevant treaty if the foreign withholding was in accordance with US law. The decisive question was not the absence of a US return, but whether the TDS certificate or other supporting documents could verify lawful withholding abroad. The ITAT noted that India must grant credit where income of a resident may be taxed in the United States under the convention, whether the tax is collected directly or by deduction. The matter was therefore sent back for verification of the foreign tax documents, and credit was to be allowed if the withholding was duly established. en-us Mon, 02 Jul 2018 00:00:00 +0530 Sat, 01 Sep 2018 08:03:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=366322 A resident assessee claiming credit in India for US tax withheld on interest from its US subsidiary was entitled to relief under the relevant treaty if the foreign withholding was in accordance with US law. The decisive question was not the absence of a US return, but whether the TDS certificate or other supporting documents could verify lawful withholding abroad. The ITAT noted that India must grant credit where income of a resident may be taxed in the United States under the convention, whether the tax is collected directly or by deduction. The matter was therefore sent back for verification of the foreign tax documents, and credit was to be allowed if the withholding was duly established. Case-Laws Income Tax Mon, 02 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=366322