Report No. 12
Double Taxation Relief
Notes to clause 92
This clause does not need any comments.
Notes to clause 93
The following drafting changes have been made in the existing sections-
(i) The word "previous" has been added before the word "year", since residence is defined with reference to previous year.
(ii) The existing words "country with which there is no reciprocal arrangement" have been replaced by the words "country with which there is no agreement under section [49A]" for the sake of precision. The "reciprocal arrangement" (referred to in the existing section could only be an agreement under section 49A.
(iii) Sub-sections (2) and (4) of existing section 49D have been omitted, as their operation is now spent.
(iv) Suitable words have been added at the end of sub-clause (1) to cover a case where the Indian rate and the foreign rate are equal.
Notes to clause 94
Existing section 49C(1) contains a reference to section 49. But section 49 has been repealed by the Income-tax and Business Profits Tax (Amendment) Act, 1948 (48 of 1948). The reference to section 49 has, therefore, been omitted in the draft.
No other change has been made.