https://www.taxtmi.com/caselaws?id=798412 Foreign withholding taxes eligible for double-taxation relief under sections 90 or 91 fall within Explanation 1 to section 40(a)(ii), even when nil Indian tax liability prevents use of the foreign tax credit. Such taxes therefore cannot be claimed as business expenditure under section 37(1). An additional claim for that deduction may be examined in appellate proceedings where foreign-source income, taxes paid and credit claimed were already disclosed in the return, computation and Form 67, so that no further fact-finding is required; Rule 46A does not warrant threshold rejection. Eligibility for relief, rather than actual credit utilisation, determines the deduction bar. en-us Tue, 04 Aug 2026 00:00:00 +0530 Mon, 07 Sep 2026 08:48:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=798412 Foreign withholding taxes eligible for double-taxation relief under sections 90 or 91 fall within Explanation 1 to section 40(a)(ii), even when nil Indian tax liability prevents use of the foreign tax credit. Such taxes therefore cannot be claimed as business expenditure under section 37(1). An additional claim for that deduction may be examined in appellate proceedings where foreign-source income, taxes paid and credit claimed were already disclosed in the return, computation and Form 67, so that no further fact-finding is required; Rule 46A does not warrant threshold rejection. Eligibility for relief, rather than actual credit utilisation, determines the deduction bar. Case-Laws Income Tax Tue, 04 Aug 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=798412