TMI BlogAmendment of section 90A.X X X X Extracts X X X X X X X X Extracts X X X X ..... t shall apply to the assessee, even if such provisions are not beneficial to him. ; (b) after sub-section (3) and before Explanation 1, the following sub-section shall be inserted with effect from the 1st day of April, 2013, namely: (4) An assessee, not being a resident, to whom the agreement referred to in sub-section (1) applies, shall not be entitled to claim any relief under such agreement unl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid agreement came into force. . - Clause 32 of the Bill seeks to amend section 90A of the Income-tax Act relating to adoption by Central Government of agreement between specified associations for double taxation relief. The existing provisions of the aforesaid section 90A provides that any specified association in India may enter into agreement with any specified association in a specified territ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uires and it is not inconsistent with the provisions of the Income-tax Act or the said agreement. It is proposed to insert a new sub-section (2A) in the aforesaid section 90A so as to provide that the provisions of newly inserted Chapter X-A shall apply even if such provisions are not beneficial to the assessee. It is further proposed to insert a new sub-section (4) in the aforesaid section so as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quires and it is not inconsistent with the provisions of the Income-tax Act or the said agreement. It is proposed to insert an Explanation in the aforesaid section so as to provide that for the removal of doubts, it is hereby declared that any term used in any agreement, where such agreement is entered into under sub-section (1) and not defined under the agreement or the Act, but is assigned a mea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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