The word ‘tax’ does include ‘surcharge’ for the purposes of Clause (2) of Article 14 of the Double Taxation Avoidance Agreement with USA

ITAT has erred in law in holding that word “tax” does not include “surcharge” for the purposes of Clause (2) of Article 14 of the Double Taxation Avoidance Agreement with USA, and in upholding the decision of the CIT(Appeals), reducing the tax rate applicable to assessee NRC at 60 per cent instead of 65 per cent applied by the AO IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL INCOME TAX APPEAL (ITA) 46 of 2007 1. The Commissioner of Income-tax, Dehradun. 2. Dy. Commissioner of Income-tax, Circle -1, Dehradun……….Petitioner(s) Versus Arthusa Offshore Comp...