Query on double taxation relief

A company incorporated in Mauritius has a branch in India. Indian branch paid tax @ 30% as per Indian law.

DTAA between India and Mauritius says that taxation on a PE shall not be less favourably levied as compared to other establishments in India carrying on same activities.

What is meant by the last line? Does it mean that PE will be taxed at normal rates in India applicable to similar establishments?

Replies (2)
As per section 90, the provisions of Income tax act or DTAA whichever are more beneficial to assessee shall apply. The above para means that PE of a foreign co.will be taxed treating them as domestic company.
However, explanation 1 to section 90 says that"for the removal of doubts, it is hereby declared that the charge of tax in respect of a foreign co.at a higher rate than the rate at which a domestic company is chargeable, shall not be treated as less favourably charged in respect of such foreign company.
Conclusion:- Domestic co.is to be taxed at the rates specified in finance act applicable to them and foreign companies will be taxed at the rates specified for them in finance act which is more than the rates applicable to domestic co.
Thanks..

Got it. Thanks a lot :)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details