https://www.taxtmi.com/caselaws?id=303094 Section 90(2) gives treaty protection priority where the India-Canada tax treaty is more beneficial to the taxpayer. Under Article 10, dividends are limited to income from shares or similar profit-participating rights and income assimilated to share income under the source-state law. A loan or advance, even if treated as deemed dividend under domestic law, does not fall within that treaty definition. Accordingly, treaty protection prevails over the wider domestic deeming fiction, and the advance could not be taxed as deemed dividend; the addition was unsustainable. en-us Fri, 25 Sep 2009 00:00:00 +0530 Mon, 04 Jul 2022 11:53:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303094 Section 90(2) gives treaty protection priority where the India-Canada tax treaty is more beneficial to the taxpayer. Under Article 10, dividends are limited to income from shares or similar profit-participating rights and income assimilated to share income under the source-state law. A loan or advance, even if treated as deemed dividend under domestic law, does not fall within that treaty definition. Accordingly, treaty protection prevails over the wider domestic deeming fiction, and the advance could not be taxed as deemed dividend; the addition was unsustainable. Case-Laws Income Tax Fri, 25 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303094