Uttamkumar (Network Engineer) (25 Points)
09 December 2011
shushantsinghal
(BCOM(HONS),C.A)
(283 Points)
Replied 09 December 2011
In ur case since u r a resident of india ur whole income which is earned any where is taxable in india & in such case DTAA is relevant ......u r required to file a IT return in INDIA......read with DTAA either such income is taxable in india/china or tax paid in china is TREAT as TDS in india.....
Uttamkumar
(Network Engineer)
(25 Points)
Replied 09 December 2011
Thanks Shushant for your quick response. But I read the DTAA agreement, due to technical terms . I am not clear.
As per my understanding, It should be treated as TDS and I should get credit in India for same.
Can you Plz check and confirm me. Since I am layman in this process.
Thanks...
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7014 Points)
Replied 17 January 2012
Under India-China DTAA, the income being earned by Indian person shall be taxable in India and hence TDS should have been deducted by Chinese Company in INDIA and not CHINA.
Anuj