https://www.taxtmi.com/caselaws?id=431510 Section 90 and the relevant DTAA were interpreted to mean that relief from double taxation applies only to the extent the treaty is more beneficial, and that the phrase income from immovable property "may be taxed" in the State where the property is situated does not, without an express exclusion, bar India from taxing a resident assessee. The notification implementing the treaty did not displace the substantive operation of section 90(2). On that basis, foreign rental income from properties in the United Kingdom and Australia was not excluded from Indian taxation, and the addition was not sustained on the assessee's treaty-based objection. en-us Thu, 30 Jun 2022 00:00:00 +0530 Wed, 13 Mar 2024 12:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431510 Section 90 and the relevant DTAA were interpreted to mean that relief from double taxation applies only to the extent the treaty is more beneficial, and that the phrase income from immovable property "may be taxed" in the State where the property is situated does not, without an express exclusion, bar India from taxing a resident assessee. The notification implementing the treaty did not displace the substantive operation of section 90(2). On that basis, foreign rental income from properties in the United Kingdom and Australia was not excluded from Indian taxation, and the addition was not sustained on the assessee's treaty-based objection. Case-Laws Income Tax Thu, 30 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431510