TDS not deductible On Sum Which Was Not Chargeable To Tax In India: Delhi HC

CIT Vs Mitsubishi Corporation India P. Ltd (Delhi High Court)

The Delhi High Court deliberated on an appeal concerning Assessment Year (AY) 2006-07, where the Income Tax Appellate Tribunal (ITAT) had made decisions impacting the applicability of Section 40(a)(i) of the Income Tax Act, 1961, in relation to the Double Tax Avoidance Agreements (DTAAs) between India and Japan, and India and the USA. The core issue revolved around whether the payments made by Mitsubishi Corporation India P. Ltd to certain group companies were subject to tax deduction at source (TDS) under Indian tax law, given the provisions of the relevant DTAAs.

Points of Law:

• Application of Section 40(a)(i): The court examined if ITAT erred in holding that Section 40(a)(i), which pertains to disallowances for non-deduction of TDS, could not be applied due to the provisions of the DTAAs.

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