DTAA provisions will prevail over general to the extent they are beneficial to assessee

CIT (International Taxation And Transfer Pricing) Vs Adani Wilmar Ltd. (Gujarat High Court)

Gujarat High Court held that provisions of DTAA would prevail over general provisions contained in the Act to the extent they are beneficial to the assessee. Accordingly, assessee duly deduct maximum TDS @10% [as per DTAA provisions] instead of 20% on payments to non-resident where PAN is not provided.

Facts- The issue involved in this group of appeals pertains to alleged short deduction of TDS and raising demand by invoking provisions of section 206AA of the Act. The

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