Foreign tax credit would be allowed even if income is exempt in India

By | October 5, 2015

Income covered under section 10A is “chargeable to tax” under section 4 and is includible in total income under section 5 but no tax is charged because of the exemption given u/s10A only for a period of 10 years. The exemption u/s 10A does not make the income not leviable to income tax. Therefore, the case falls u/s 90(1)(a)(ii). Assessee is entitled to the said benefit by virtue of section 91 even where India has no agreement with the States where the tax is levied on the income of the assessee. Relief is available under section 91 even if income-tax is levied under the provincial laws of the foreign country and not under the Federal laws of the foreign country

HIGH COURT OF KARNATAKA

Wipro Ltd.

v.

Deputy Commissioner of Income-tax Central Circle 1(3), Bangalore

N.KUMAR AND B. SREENIVASE GOWDA, JJ.

IT APPEAL NOS. 879, 882, 907 & 909 OF 2008,
334 & 363 OF 2009

MARCH  25, 2015

Venkataraman Senior Counsel and Dr. R.B. Krishna, Adv. for the Appellant. E.R. Indrakumar, Senior Counsel andK.V. Aravind, Adv. for the Respondent.

JUDGMNENT

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