https://www.taxtmi.com/caselaws?id=58615 A UK-incorporated bank was treated as a national of the United Kingdom for the non-discrimination clause in Article 23 of the India-UK DTAA. Section 36(1)(viia), as it then stood, denied deduction for provision for bad and doubtful debts to banks incorporated outside India, creating a discriminatory burden compared with Indian banks in the same circumstances. The later statutory amendment extending the benefit to foreign banks supported that the earlier wording was discriminatory. Because the treaty provision prevailed over the conflicting domestic restriction, the bank could not be denied the deduction solely on the basis of its foreign incorporation, and the disallowance was set aside. en-us Thu, 13 Dec 1990 00:00:00 +0530 Mon, 20 Dec 2010 18:25:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=58615 A UK-incorporated bank was treated as a national of the United Kingdom for the non-discrimination clause in Article 23 of the India-UK DTAA. Section 36(1)(viia), as it then stood, denied deduction for provision for bad and doubtful debts to banks incorporated outside India, creating a discriminatory burden compared with Indian banks in the same circumstances. The later statutory amendment extending the benefit to foreign banks supported that the earlier wording was discriminatory. Because the treaty provision prevailed over the conflicting domestic restriction, the bank could not be denied the deduction solely on the basis of its foreign incorporation, and the disallowance was set aside. Case-Laws Income Tax Thu, 13 Dec 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=58615