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Exemptions and deductions available to Indian enterprises would also be granted to the US enterprises if they are carrying on the same activities
Case Law Details
- Case Name
- Shri Rajeev Sureshbhai Gajwani Vs. Asst. CIT ( ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2002- 03
- Courts
- ITAT Ahmedabad
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Article 26(2) means that taxation of a PE of a USA resident shall not be less favorable than the taxation of a resident enterprise carrying on the same activities. The result is that the exemptions and deductions available to Indian enterprises would also be granted to the US enterprises if they are carrying on the same activities. As the assessee was carrying on the “same activities” of export of software as done by residents, it was entitled to s. 80HHE deduction as admissible to a resident assessee.
Citation:- Shri Rajeev Sureshbhai Gajwani Vs. Asst. CIT
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