Section 92CC — the law in short
What the courts have decided on section 92CC, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Vestas Wind Technology India P Ltd v ITO
ITATHelps taxpayerValidity unconfirmed
The AO disallowed interest paid to my foreign parent under s.94B. Does the treaty help?
It did here. Section 94B restricts deduction only where the lender is a non-resident associated enterprise and not where the lender is domestic, which the Tribunal held is discrimination caught by Article 24(4) of the India-Denmark treaty; the treaty prevailed and the entire disallowance was deleted, including the amount the assessee had disallowed itself.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.