Nri taxation : how to claim refund applying dtaa

Save Share

This query is : Resolved

CA Mukkul Mehta (Querist)
Follow

21 November 2012 Dear Sir,

One of my clients (NRI Status) is based out of UAE. She has some deposits in NRO account with SBI Gurgaon. SBI has deducted TDS @ 30% on those deposits whereas the applicable rate of TDS for Interest Payments as per the DTAA between India and UAE is 12.5%.
Please let me know how to claim the refund of excess TDS deducted. Which ITR form is to be used and how this lower rate taxed income is to be shown in that ?

Thanks & Regards,

CA Mukul K Mehta

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
Follow

22 November 2012 The return form should be form 1 or 2 as the case may be.

Anuj
Femaquery@gmail.com

Message likes : 1 times

CA SAYANTAN BASU

CA SAYANTAN BASU (Expert)
Follow

22 November 2012 Dear sir ,

Pls follow the following steps for CLAIMING REFUND :

1. FILE ITRs form either 1 OR 2 .In the return there is space for writing the relief u/s 90 /91 which deals with double taxation relief .

2.For claiming the refund file of ITRs is mandatory Without the ITR it is not possible to claim the refund .....

3. File Form 30 --- Form for claiming the Refund .... Pls for claiming refund for NRIs the form 30 has to be filled up and submitted to Assessing Officer Non Resident Circle Mumbai .....
Persons who are non-resident and whose total income is made up only of income taxed at source should make the claim for refund to the Assessing Officer, Non-resident Refund Circle, Mumbai ......

Attach the copy of STATEMENT OF 26AS AND TDS CERTIFICATE issued by SBI u/s 203 with form 30 .... and submit them TO I.T. DEPARTMENT .... if possible pls given photocopy for ITR .....

Hope this will solve your query .....

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
Follow

22 November 2012 Nothing else apart from filing the relevant form ,preferably online is required to claim the refund for NRI or as the matter of fact any other person.

Anuj
Femaquery@gmail.com

CA Mukkul Mehta

CA Mukkul Mehta (Querist)
Follow

22 November 2012 Dear Mr. Anuj,

In this case:-

1. Will the relief be available U/s 90 or U/s 91 ?

2. How to calculate the relief considering that TDS has been deducted @30% whereas the applicable rate as per DTAA is 12.5%

Regards,
Mukul

CA Mukkul Mehta

CA Mukkul Mehta (Querist)
Follow

22 November 2012 Dear Mr. Anuj,

In this case:-

1. Will the relief be available U/s 90 of U/s 91 ?

2. How to calculate the relief considering that TDS has been deducted @30% whereas the applicable rate as per DTAA is 12.5%

Regards,
Mukul

MEHUL SHAH

MEHUL SHAH (Expert)
Follow

30 March 2013 Dear Mukul, you cannot claim relief under Section 90 or 91 because that would be a case wherein you are a resident and your TDS is deducted outside India and you want to claim credit of foreign paid taxes in India.

In this case you shall have to file return of NR and claim refund as per Form 16A.

You shall have to take PAN first.

If this is going to be a regular payment, you can also apply for nil certificate u/s 197.

For any more help, you can drop a mail at mehul@raseshca.com

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now