ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION) 2(2)(2) NEW DELHI vs M/S NESTLE SA

The Supreme Court examined the interpretation of the 'Most Favoured Nation' (MFN) clause in Double Taxation Avoidance Agreements (DTAAs) and its application in international tax law. The court analyzed the treaty practice of India and other countries, including the Netherlands, France, and Switzerland, along with the Vienna Convention on Law of Treaties. The judgment focused on the correct interpretation of the term 'is' within the MFN clause, emphasizing the importance of treaty language and international practices. The court's decision clarified the scope of MFN clauses in tax treaties, impacting international taxation disputes.