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Section 44B – The Wealth-Tax Act, 1957

The Wealth-Tax Act, 1957

 

 

[44B. Countries with which no agreement exists :—

 

1[44B. Countries with which no agreement exists :- Where the net wealth of any assessee includes any foreign wealth and he proves that, in respect of such foreign wealth, he has paid in any country, with which there is no reciprocal arrangement under section 44A for the relief or avoidance of double taxation, a tax in respect of wealth, under the law in force in that country, he shall be entitled to the deduction from the Indian wealth-tax payable by him of a sum calculated on such doubly taxed foreign wealth at the Indian rate of tax or the rate of tax of the said country, whichever is the lower, or at the Indian rate of tax if both the rates are equal.

Explanation :- In this section—

 

(1) the expression “Indian wealth-tax” means wealth-tax charged in accordance with the provisions of this Act;

 

(2) the expression “Indian rate of tax” means the rate determined by dividing the amount of Indian wealth-tax after deduction of any relief due under the provisions of this Act but before the deduction of any relief due under this section by the net wealth;

 

(3) the expression “rate of tax of the said country” means any tax in respect of wealth, actually paid in the said country, in accordance with the corresponding laws in force in the said country after deduction of all relief due, but before deduction of any relief due in the said country in respect of double taxation, divided by the whole amount of the wealth assessed in the said country;

 

(4) the expression “foreign wealth” in relation to any assessee means the value of all his assets located in any country outside India as reduced by the value of his debts in that country.

 

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1. Ins. by Act 46 of 1964, sec. 39 (w.e.f. 1-4-1965 ).

 

 

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The Wealth-Tax Act, 1957

 

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