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section 90

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FAQs on Annual Information System (AIS) & Taxpayer Information Summary (TIS)

Income Tax : Learn about the Annual Information Statement (AIS) and Taxpayer Information Summary (TIS). Find out how to access them and what in...

August 23, 2024 3615 Views 1 comment Print

From Side Hustle to Tax Puzzle: A Freelancer’s Guide to Taxes

CA, CS, CMA : Discover the complexities of tax compliance for freelancers and gig workers, from understanding income sources to navigating legal...

June 8, 2024 1818 Views 3 comments Print

Updated Return of Income under Income-tax Act

Income Tax : Understand the concept of Updated Return under the Income-tax Act, its necessity, tax implications, and filing process. Get insigh...

March 11, 2024 4281 Views 0 comment Print

Obligation of Foreign Company to file Income Tax return of India

Income Tax : Explore the legal framework, exemptions, and compliance challenges surrounding the obligation of foreign companies to file income ...

February 8, 2024 9681 Views 0 comment Print

Period of limitation prescribed under Income-tax Act, 1961

Income Tax : The Income-tax Act has prescribed time limit in respect of various procedures, applications, etc. (like time limit for filing an a...

November 3, 2023 3147 Views 1 comment Print


Latest News


Govt Identifies SAR of Hong Kong for Double Taxation Avoidance Agreement

Income Tax : The Central Government have notified the “Hong Kong Special Administrative Region of the People’s Republic of China” as ‘s...

April 30, 2010 474 Views 0 comment Print


Latest Judiciary


Advertisement and distribution revenue of Discovery Asia INC. taxable as per MAP

Income Tax : ITAT Delhi held that advertisement and distribution revenue earned by Discovery Asia Inc. is taxable as per Mutual Agreement Resol...

February 7, 2025 123 Views 0 comment Print

AO who issued notice u/s. 148 of old Act is required to pass an order under new scheme

Income Tax : Punjab and Haryana High Court held that the same assessing officer is required to pass an order under the new scheme after giving ...

January 31, 2025 222 Views 0 comment Print

Form 67 Filing Deadline is Directory, Not Mandatory: ITAT Amritsar

Income Tax : In the instant case, assessee had not filed any return within stipulated time framed u/s 139(1), but had filed the return u/s 139(...

January 21, 2025 123 Views 0 comment Print

Denial of FTC as income not offered to tax in the considered year not justifiable

Income Tax : ITAT Ahmedabad held that denial of Foreign Tax Credit [FTC] on the ground that corresponding income has not been offered for tax i...

January 20, 2025 285 Views 0 comment Print

Foreign Tax Credit cannot be denied for Delay in Filing Form 67: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad rules procedural delays in filing Form 67 cannot deny Foreign Tax Credit under Section 90 of the Income Tax Act. Re...

January 16, 2025 390 Views 0 comment Print


Latest Notifications


CBDT Draft Rules For Grant Of Foreign Tax Credit U/s. 90/ 90A/ 91

Income Tax : The Income-tax Act, 1961 (the Act) provides that the Central Board of Direct Taxes may prescribe rules specifying the procedure fo...

April 18, 2016 5311 Views 0 comment Print

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement among the Governments of SAARC Member States for avoidance of double taxation and mutual administrative assistance in tax matters

Income Tax : Notification No. 3/2011 - Income Tax WHEREAS the annexed Agreement among the Governments of SAARC (South Asian Association for Re...

January 10, 2011 1447 Views 0 comment Print

Notification No. 86/2010-Income Tax Dated 26/11/2010

Income Tax : Notification No. 86/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Gov...

November 26, 2010 598 Views 0 comment Print

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Finland

Income Tax : Notification No. 36/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Gov...

May 20, 2010 1249 Views 0 comment Print

Notification No. 25/2010- Income Tax, dated 20-4-2010

Income Tax : Notification No. 25/2010-Income Tax In exercise of the powers conferred by Explanation 2 to section 90 of the Income-tax Act, 1961...

April 20, 2010 394 Views 0 comment Print


CBDT can notify rules for giving foreign tax credit

March 5, 2015 3657 Views 0 comment Print

Enabling the Board to notify rules for giving foreign tax credit Sub-section (1) of section 91 of the Income-tax Act provides for relief in respect of income-tax on the income which is taxed in India as well as in the country with which there is no Double Taxation Avoidance Agreement (DTAA). It provides that an […]

Tribunal can allow credit u/s. 90 which was inadvertently mentioned as ‘Advance tax’

May 5, 2013 390 Views 0 comment Print

It is observed that the claim of the assessee about wrong classification of double taxation credit was rejected by the AO because the assessee did not file a revised return. This view was canvassed by the AO on the basis of the afore-referred judgment in the case of Goetze India Ltd. (supra) However, it is pertinent to note that para -4 of this judgment provides that operation of this judgment is restricted to the AO and it does not, in any way, affect the powers of the Tribunal under section 254 of the Act. We, therefore, direct the AO to examine and allow assessee’s claim about the eligible amount of double taxation credit as per law after allowing a reasonable opportunity of being heard to the assessee.

Assessee entitled to relief U/s. 91 in respect of tax paid in Bhutan on income earned in Bhutan

January 9, 2013 2554 Views 0 comment Print

The Assessing Officer has computed the income from Bhutan operations at Rs. 68,63,57,400/- and included the same in the total income of the assessee, then the relief u/s 91 of the I T Act is allowable @ 8.53% on the said income, which is subjected to tax in both the countries. Accordingly, we direct the Assessing Officer to give relief u/s 91 by calculating the average rate of tax of 8.53% on Rs. 68,63,57,400/- subject to the total tax paid /payable in either of the countries.

Tax Residence Certificate must for claiming relief under DTAA and for issue of Form 15CB

March 17, 2012 6658 Views 0 comment Print

Section 90 of the Income Tax Act empowers the Central Government to enter into an agreement with the Government of any foreign country or specified territory outside India for the purpose of –(i) granting relief in respect of avoidance of double taxation, (ii) exchange of information and (iii) recovery of taxes.

Income Tax provisions Related to Expatriates Working in India and Indian Residents Posted Abroad

January 24, 2012 4391 Views 0 comment Print

With the globalisation of the world trade and liberalisation of the Indian economy, the number of persons moving in or out of India in the exercise of their business, profession or employment is on the increase. As in most of the countries, the liability under the Indian Income tax law is also co-related to the residential status of the concerned tax payer. Section 6 of the Indian Income-Tax Act creates 3 categories as far as residential status is concerned.

Agreement between India and Bermuda for the exchange of information with respect to taxes

February 15, 2011 2413 Views 0 comment Print

The agreement between India and Bermuda has been entered to enhance co-operation and facilitate the exchange of information with respect to administration and enforcement of the domestic laws with respect to taxes. This may result in greater transpar

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement among the Governments of SAARC Member States for avoidance of double taxation and mutual administrative assistance in tax matters

January 10, 2011 1447 Views 0 comment Print

Notification No. 3/2011 – Income Tax WHEREAS the annexed Agreement among the Governments of SAARC (South Asian Association for Regional Cooperation) Member States comprising the People’s Republic of Bangladesh, the Kingdom of Bhutan, the Republic of India, the Republic of Maldives, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist Republic of Sri Lanka for the avoidance of double

Notification No. 86/2010-Income Tax Dated 26/11/2010

November 26, 2010 598 Views 0 comment Print

Notification No. 86/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the United Mexican States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 10th day of September, 2007

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Finland

May 20, 2010 1249 Views 0 comment Print

Notification No. 36/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the Republic of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 15th day of January, 2010;

Govt Identifies SAR of Hong Kong for Double Taxation Avoidance Agreement

April 30, 2010 474 Views 0 comment Print

The Central Government have notified the “Hong Kong Special Administrative Region of the People’s Republic of China” as ‘specified territory’ for the purpose of Explanation 2 to Section 90 of the Income Tax Act 1961 vide Notification No. 25 of 2010 (F.No.500/124/9-FTD-II). The notification enables the Central Government to enter into a double taxation avoidance agreement with SAR of Hong Kong.

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