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Income Tax - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Rate of TDS on payment to non resident - Non-availability of PAN ...


Tax Authorities Failed to Apply Section 90(2) Benefits; AO to Reassess TDS Rates for Non-Resident Payments Under DTAA.

February 23, 2023

Case Laws     Income Tax     AT

Rate of TDS on payment to non resident - Non-availability of PAN of non resident - the ld Tax Authorities below have fallen in error in not extending the benefits of section 90(2) - The matter of fact remains that what were the rates of taxation under DTAA are not coming up from the matter before this bench therefore, the issue requires to be restored to the files of Ld. AO to take into consideration the rate of the DTAA and recalculate the tax demand - AT

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