https://www.taxtmi.com/caselaws?id=282101 A foreign company's claim to the domestic company and co-operative bank tax rate under the India-France treaty's non-discrimination clause was rejected because earlier Tribunal rulings, read with the retrospective Explanation to section 90 of the Income-tax Act, preserved the domestic tax differential. Interest remitted by the Indian branch to its head office was held not taxable in India under Article 12, following prior Tribunal orders and the Special Bench view that branch and head office are not separate persons for this purpose and that such remittance is a payment to self, attracting mutuality. The appeal succeeded only on the interest issue. en-us Wed, 29 Aug 2018 00:00:00 +0530 Mon, 22 Jul 2019 06:26:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282101 A foreign company's claim to the domestic company and co-operative bank tax rate under the India-France treaty's non-discrimination clause was rejected because earlier Tribunal rulings, read with the retrospective Explanation to section 90 of the Income-tax Act, preserved the domestic tax differential. Interest remitted by the Indian branch to its head office was held not taxable in India under Article 12, following prior Tribunal orders and the Special Bench view that branch and head office are not separate persons for this purpose and that such remittance is a payment to self, attracting mutuality. The appeal succeeded only on the interest issue. Case-Laws Income Tax Wed, 29 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282101