https://www.taxtmi.com/caselaws?id=470107 Treaty relief under section 90(2) permits the more beneficial India-Mauritius DTAA withholding rate where an approved foreign-currency borrowing satisfies treaty conditions and the foreign lender's residence and eligibility are established. Approval under section 194LC(2)(ia) is sufficient for this purpose; separate applications under sections 195(2) or 197 are not an independent requirement where chargeability and the applicable treaty rate are clear. Tax deducted and deposited under protest despite a nil treaty rate is refundable with applicable interest, because the borrower is not the lender's representative assessee and had no legal obligation to withhold tax. en-us Mon, 04 Aug 2025 00:00:00 +0530 Wed, 15 Jul 2026 18:59:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=470107 Treaty relief under section 90(2) permits the more beneficial India-Mauritius DTAA withholding rate where an approved foreign-currency borrowing satisfies treaty conditions and the foreign lender's residence and eligibility are established. Approval under section 194LC(2)(ia) is sufficient for this purpose; separate applications under sections 195(2) or 197 are not an independent requirement where chargeability and the applicable treaty rate are clear. Tax deducted and deposited under protest despite a nil treaty rate is refundable with applicable interest, because the borrower is not the lender's representative assessee and had no legal obligation to withhold tax. Case-Laws Income Tax Mon, 04 Aug 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470107