Interest payments to China Development Bank exempt under India-China DTAA: Delhi HC

ITO Vs Tata Teleservices Limited (Delhi High Court) In the case of ITO Vs Tata Teleservices Limited, the Revenue appealed against the Commissioner of Income Tax (Appeals)-43’s order, which had reversed the Assessing Officer’s (AO) decision regarding the taxability of interest payments made to the China Development Bank (CDB). The AO argued that these payments were not exempt under Article 11(3) of the India-China Double Taxation Avoidance Agreement (DTAA). However, the appellant’s representative noted that a previous ruling from a Coordinate Bench had already determined that CDB ...