Explain the meaning of the following terms in context of Income Tax Act, 1961: (i) Juridical Double Taxation

CS Professional · Advanced Tax Laws · PYQS · June 2024
Explain the meaning of the following terms in context of Income Tax Act, 1961: (i) Juridical Double Taxation

Answer & Explanation:

(i) Juridical Double Taxation: When source rules overlap, double taxation may arise i.e., tax is imposed by two or more countries as per their domestic laws in respect of the same transaction, income arises or is deemed to arise in their respective jurisdictions. This is known as juridical double taxation. In order to avoid such double taxation, a company can invoke provisions of Double Tax Avoidance Agreements (DTAAs) (also known as Tax Treaty or Double Taxation Convention-DTC) with the host/source country, or in the absence of such an agreement, can invoke provisions of section 91, providing unilateral relief in the event of double taxation.

Topics: Income Tax Act

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