Question
Download Solution PDFAs per Income Tax, provision of ..................... is applicable for double taxation relief in case of specified association.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is - Sec. 90A
Key Points
- Sec. 90A
- This section deals with double taxation relief for income arising in cases where a specified association has an agreement with a foreign country.
- It allows for a mechanism to avoid double taxation through agreements between specified associations (e.g., trade or professional associations) and foreign governments.
- The provision applies when such agreements are approved by the Central Government.
- It is distinct from Sec. 90 and Sec. 91, which primarily deal with agreements between the Government of India and foreign countries.
Additional Information
- Sec. 90
- This section provides for relief in cases of double taxation where India has entered into a Double Taxation Avoidance Agreement (DTAA) with a foreign country.
- It primarily applies to situations involving agreements between the Government of India and foreign nations.
- Sec. 91
- This section provides for unilateral relief from double taxation in cases where no DTAA exists between India and the foreign country.
- It ensures that taxpayers are not unfairly taxed twice on the same income.
- Difference Between Sec. 90 and Sec. 90A
- Sec. 90: Involves agreements between the Government of India and foreign countries.
- Sec. 90A: Deals with agreements between specified associations (e.g., trade associations) and foreign countries, approved by the Central Government.
- Sec. 95
- This section pertains to General Anti-Avoidance Rules (GAAR) and is unrelated to double taxation relief provisions.
Last updated on Jun 26, 2025
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