https://www.taxtmi.com/caselaws?id=59532 A notified India-USA DTAA rate of 15% applied to interest income of a United States resident company, and section 90 required the treaty to prevail where it was more beneficial than the Act. Charging tax at 20% in an intimation under section 143(1)(a) was therefore contrary to the governing treaty position and could be treated as a mistake apparent from the record. On that basis, the excess levy was stated to be rectifiable under section 154, and the taxpayer was entitled to computation at the treaty rate. en-us Fri, 13 May 2005 00:00:00 +0530 Thu, 30 Dec 2010 15:03:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=59532 A notified India-USA DTAA rate of 15% applied to interest income of a United States resident company, and section 90 required the treaty to prevail where it was more beneficial than the Act. Charging tax at 20% in an intimation under section 143(1)(a) was therefore contrary to the governing treaty position and could be treated as a mistake apparent from the record. On that basis, the excess levy was stated to be rectifiable under section 154, and the taxpayer was entitled to computation at the treaty rate. Case-Laws Income Tax Fri, 13 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=59532