https://www.taxtmi.com/caselaws?id=30401 The word "tax" in Article 14(2) of the India-US DTAA was read to include surcharge because Article 2 expressly treated Indian tax as including surcharge and extended the Convention to similar taxes imposed after signature. The relevant domestic-company benchmark therefore comprised the company rate under the Finance Act, 1994 plus surcharge, and the treaty ceiling of 15 percentage points was applied to that combined rate. Articles 270 and 271 of the Constitution were held irrelevant to treaty computation. The treaty, operating override in case of inconsistency, supported taxation at the higher treaty-permitted rate, and the Revenue's position was accepted. en-us Mon, 31 Mar 2008 00:00:00 +0530 Tue, 26 Aug 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=30401 The word "tax" in Article 14(2) of the India-US DTAA was read to include surcharge because Article 2 expressly treated Indian tax as including surcharge and extended the Convention to similar taxes imposed after signature. The relevant domestic-company benchmark therefore comprised the company rate under the Finance Act, 1994 plus surcharge, and the treaty ceiling of 15 percentage points was applied to that combined rate. Articles 270 and 271 of the Constitution were held irrelevant to treaty computation. The treaty, operating override in case of inconsistency, supported taxation at the higher treaty-permitted rate, and the Revenue's position was accepted. Case-Laws Income Tax Mon, 31 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=30401