Dear CCI Members',
I am really terrified with the Income Tax Department for repeatedly sending defective return notice u/s 139(9) of the Income Tax Act to foreign companies who are claiming benefit of the respective DTAA. I am facing the following query:
1. I had filed ITR-6 for AY 2013-14 of a foreign company based in Canada which is providing technical service in India and the Indian concern had deducted tax @ 20% whereas as per DTAA tax was required to be deducted @ 15%. We are claiming refund of excess tax been deducted. In ITR-6, I had shown income in Schedule SI, Section Code- DTAA, and tax rate 15%. I have showed ' 0 ' in both BS & P&L since foreign company is not required to preare BS & P&L as it had provided only techincal service to that concern only. Further as per recent press information provied by GoI (Link- PIB_GovtdecidestoamendITAct1961Sec115JB.pdf) ) it was held that MAT not to be levied by Foreign Companies.
But i am still getting 139(9) notices mentionong that:
Please provide me with the reasonable solution/opinion at earliest as it is really troublesome.
CAclubindia
