https://www.taxtmi.com/caselaws?id=761570 Foreign tax credit under section 90 and the applicable DTAAs cannot be denied merely because the assessee did not file returns in the source country, where tax was actually withheld or paid abroad and the treaty framework does not make foreign return filing a condition for relief. Applying earlier coordinate bench rulings and the relevant treaty provisions, the Tribunal also recognised credit for taxes withheld in Japan and other treaty jurisdictions, including Nepal, Brazil, China and Malaysia, where withholding occurred on a bona fide view of taxability. The order rejecting the credit claim was therefore not sustainable, and relief was granted. en-us Mon, 30 Sep 2024 00:00:00 +0530 Tue, 12 Nov 2024 16:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761570 Foreign tax credit under section 90 and the applicable DTAAs cannot be denied merely because the assessee did not file returns in the source country, where tax was actually withheld or paid abroad and the treaty framework does not make foreign return filing a condition for relief. Applying earlier coordinate bench rulings and the relevant treaty provisions, the Tribunal also recognised credit for taxes withheld in Japan and other treaty jurisdictions, including Nepal, Brazil, China and Malaysia, where withholding occurred on a bona fide view of taxability. The order rejecting the credit claim was therefore not sustainable, and relief was granted. Case-Laws Income Tax Mon, 30 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761570