Indian Government. 3.9. CIT v. S.R.M Firm

208 ITR 400High Court1994#2852 most cited

What is Indian Government. 3.9. CIT v. S.R.M Firm authority for?

The phrase 'may be taxed' in a Double Taxation Avoidance Agreement (DTAA) signifies a prohibition, preventing Indian tax authorities from taxing income that a foreign country is permitted to tax under the DTAA. This interpretation means the Indian government loses its taxing power over such income.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. S.R.M Firm · 208 ITR 400 · DTAA interpretation · may be taxed · prohibition · taxing power · Indian Government · Malaysian Government · Article 3.9

Sections most often in play

Section 132Section 142(1)Section 153ASection 234BSection 271(1)(c)Section 69Section 163Section 143(2)

Issues it is cited on

section 90(3)section 65(b)section 65b(4)section 163section 276section 2(26)section 129(1)section 43dsection 2(17)section 36(2)(v)section 153b(1)section 41(4)

Judgments citing Indian Government. 3.9. CIT v. S.R.M Firm

Dy. Commr. of Income Tax, Ujjain vs. M/S Torqouise Investment & Finance Ltd

Appeals are dismissed

C.A. No.-004485-004485 - 2007Supreme Court20 Feb 2008
For Respondent: Torqouise Investment & Finance Ltd
Section 143(1)(a)Section 5(1)(c)

…e Tribunal was justified in then proceeding to decide the issue raised by the assessee on merits in their favour." On question No.1, the High Court, following the decision of the Madras High Court in the case of CIT vs. SRM Firm & Ors. reported in 208 ITR 400 which was affirmed by the Supreme Court in the case of CIT vs. PVAL Kulandagan Chettiar reported in 267 ITR 654, held that the Tribunal was justified in holding that dividend income derived by the assessee from a company in Malaysia is not liable to be taxed in the hands of the assessee in India under any of the provisions of the Act. Accor…