https://www.taxtmi.com/caselaws?id=418518 The treaty protocol to the India-Spain convention was treated as part of the notified agreement, so the Most Favoured Nation clause could import the lower 10% source-tax rate from the later India-Portugal treaty without a separate notification. A CBDT circular could not override the treaty text or deny that benefit retrospectively. On reimbursement, amounts forming part of consideration for royalty or fees for technical services taxed on a gross basis must be included in the taxable base, but the factual nature of the sum required verification, so the matter was sent back for fresh examination. TDS credit was to be verified and allowed in accordance with law. en-us Tue, 15 Feb 2022 00:00:00 +0530 Mon, 09 Jan 2023 15:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418518 The treaty protocol to the India-Spain convention was treated as part of the notified agreement, so the Most Favoured Nation clause could import the lower 10% source-tax rate from the later India-Portugal treaty without a separate notification. A CBDT circular could not override the treaty text or deny that benefit retrospectively. On reimbursement, amounts forming part of consideration for royalty or fees for technical services taxed on a gross basis must be included in the taxable base, but the factual nature of the sum required verification, so the matter was sent back for fresh examination. TDS credit was to be verified and allowed in accordance with law. Case-Laws Income Tax Tue, 15 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418518