CA Final Paper 4 • Module 4: International Taxation

Chapter 22: Double Taxation Relief & Foreign Tax Credit

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Bilateral Double Taxation Relief (Section 90)

Method Mechanism of Elimination Practical Operation
Exemption Method Foreign income is completely excluded from the tax base in the home country. Rarely used in India (mostly for specific employment income or diplomatic services).
Tax Credit Method (Ordinary Credit) Worldwide income is taxed in home country, but credit is allowed for foreign tax paid. Standard Indian Treaty Mechanism. Credit is restricted to lower of foreign tax or Indian tax attributable to that income.
Section 90(2) Golden Rule: Where India has entered into a DTAA, the provisions of the Income-tax Act or the DTAA, whichever is more beneficial to the assessee, shall apply!

2. Unilateral Relief Formula (Section 91)

Applicable where an Indian resident derives income from a foreign country with which India has NO DTAA. All 4 statutory conditions must be satisfied:

Section 91 Mathematical Relief:
$ ext{Relief u/s 91} = ext{Doubly Taxed Income} imes ext{LOWER of:}$
(a) $ ext{Indian Rate of Tax} = rac{ ext{Total Indian Tax Payable}}{ ext{Total Income}}$, OR
(b) $ ext{Foreign Rate of Tax} = rac{ ext{Foreign Tax Paid}}{ ext{Foreign Doubly Taxed Income}}$.

3. Foreign Tax Credit Rules (Rule 128)

Parameter Rule 128 Statutory Restriction
Eligible AssesseeResident of India claiming credit for foreign taxes paid.
Tax Base ScopeCredit allowed against Tax, Surcharge, and Cess.
Bar on Penalty/InterestCredit is NEVER ALLOWED against interest, fee, or penalty under the Act.
Country-by-Country LimitFTC is computed separately for each country on a source-by-source basis.
Maximum Credit CeilingFTC cannot exceed the Indian tax payable on that foreign income. Excess credit lapses (no carry forward of FTC in India).

4. Form 67 Compliance Mandate

• Requirement: Assessee must furnish Form 67 electronically along with certificate or statement specifying foreign income and tax deducted/paid.
• Due Date: Must be furnished on or before the end of the Assessment Year (or due date of updated return u/s 139(8A)).
• Judicial Position: Supreme Court and ITAT benches have held that filing Form 67 is directory and not mandatory for grant of substantive credit, but timely compliance avoids automated disallowance!

5. High-Frequency Exam Traps

Trap 1: Business loss in India reduces Indian tax rate!
When calculating Indian average tax rate ($ ext{Total Tax} / ext{Total Income}$), ensure set-off of domestic losses is factored in. If domestic income is negative, total income is lower, altering the average rate!
Trap 2: Section 91 is strictly for RESIDENTS!
A non-resident or RNOR cannot claim unilateral relief under Section 91 under any circumstances!