Section 206AA not override provisions of section 90(2)

DCIT Vs BEML Ltd. (ITAT Bangalore)

Section 206AA of the Act does not override the provisions of section 90(2) of the Act and that in the impugned cases of payments made to non-residents, assessee correctly applied the rate of tax prescribed under the DTAAs and not as per section 206AA of the Act because the provisions of the DTAAs was more beneficial_ Thus, we hereby affirm the ultimate conclusion of the CIT(A) in deleting the tax demand relatable to difference between 20% and the actual tax rate on which tax was deducted by the assessee in terms of the relevant DTAAs.

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by Revenue is directed against the order of CIT(A)-13, Bangalore, dated 23.02.2018 for Assessment Year 2011-12. The assessee has also preferred Cross Objections (C.O.) in respect of the impugned order.

2. Briefly stated, the facts relevant for disposal of this appeal are as under:-

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