SANJAY RASTOGI
15 May 2013 at 18:21

Ddt

My Co. dividend to be declared is Rs. 9,00,000.

I want to find out the
---actual DDT to be deposited??
---when depositing, what would be assessable year AY 2012-13 or AY 13-14 and is it 106 when online..
--- last date of deposition.



Anonymous

Dear Expert,

My company is have 2 units at 2 different places. PAN number is common for both the units but TAN number is different for both the units.

My 1st unit is doing jobwork for 2nd unit. Do I have to deduct TDS on jobwork done by 1st unit for the 2nd unit.

Will it be OK if i dont deduct TDS as the PAN number is common for both the units.

Thanks in advance


CA. Nirmal Ghorawat

The facts of the case are:-

1. Mr. A leaves India (for the first time) in May 2012 for a foreign country and visits India during September and December, 2012 - Accordingly,
his total stay in India during the AY 2013-14 is less than 182 days and more than 60 days and his total stay in the foreign country is more than 183 days.

2. The employer remits a substantial part of his salary directly to his Bank Account in India and also pays the balance amount of his salary in his Bank Account in the foreign country.

3. However, Mr. A renders the employment wholly in the foreign country. The employer is a Permanent Establishment of an Indian Company in that foreign country and the case of Mr. A is covered by Clause 15 Dependent Personal Services of the DTAA between Indian and that foreign country as follows :- "ARTICLE 15 : Dependent Personal Services - 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State, if :
(a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any 12-months period commencing or ending in the fiscal year concerned, and
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State."

3A. The exception under Article 15(2) by virtue of which Income may have been taxable in India - is not applicable because Mr. A is not in India for more than 183 days (Clause (a)) and Clause (c) - remuneration is borne by the Permanent Establishment in the foreign country. The conditions in Clause 15(2) - are cumulative - use of "and" - so all the three conditions must be satisfied for it fall within the mischief of clause 15(2).

4. Tax paid in the foreign country is lower than the average rate of Tax in India.

Inferences

1. As per Fact No. 1, Mr. A will be Resident in India for AY 2012-13 as per Section 6(c) of the I T Act.

2. As per Fact No. 2, the Salary received in India for AY 2012-13 will be included in the Scope of Total Income -even if Mr. A was a Non-Resident - as per Section 5(2)(a) of the I T Act.

3. As per Fact No. 3, the foreign country has the right to Tax the Income from Dependent Personal Services to the exclusion of the jurisdiction of India.

The query is how to compute the DTAA releif:-

a. Elimination of Double Tax - Include the salary Income for Tax Computation in India and then reduce Tax paid in the foreign country ; or

b. The Salary Income is exempt by virtue of Article 15 of DTAA from Taxation in India and is not included in salary Income for Tax Computation in India.


Swati
15 May 2013 at 17:40

Entries for tds on grant

Please tell me the entries :-

1-Grant received after deduction of TDS.
2-Entries of TDS on grant


kanth
15 May 2013 at 17:37

As-18

Hi
My query is, we have one indian company, 2 indian subsidaries and 2 foreign subsidaries. In Financials of Indian subsidaries, do we need to disclose 2 foreign subsidaries, 1 Indian subsidary as related parties as per AS-18. or Is it enough to disclose Holding company itself...,


payal choudhari
15 May 2013 at 17:15

Ipcc coaching in mumbai

hii everyone...!!
pls help me to find a good ca coaching in mumbai or pune for ipcc my attempt is nov 13



Anonymous

Dear Sir,

our parent company ( korean ) was working in india for more than 9 months. when the customer made the payment , they deducted WHT @40% + surcharge on invoice value. They gave the reason for 40% deduction was , as the korean company has been working in india for more than 9 months it will be treated as PE and tax will be 40% + S.charge as PE comes under the status of Foreign company.

We haven't submitted any Lower deduciton certificate to the customer.

My query is:
1. The Law states 40% + on the Profits and not on the Invoice value .
Then why did they deduct on invoice value.
2. is there are any law mentioning , if Lower deduction certificate is not provided , the WHT will be deducted on invoice value.

please help me to solve this query.



DEBABRATA
15 May 2013 at 17:09

Cash deposit in bank

I HAVE MADE PAYMENT TO PARTY IN CASH . I HAVE DEPOSITED CASH ON HIS BANK A/C . IT IS TAXABLE PUNISHMENT ? I HAVE NOT PAID DIRECTLY CASH . I HAVE DEPOSIT CASH IN PARTY'S BANK A/C .



Anonymous
15 May 2013 at 16:52

Itt and oe

Sir if student register under diect entry .after 25/05/13 and ITT & OE class were full up to 28sep
then what can he do for may 2014 attempt



Anonymous
15 May 2013 at 16:51

Head of inome

i have below income in my wife a/c : tution fees 75000 + equity share trading profit 85000 + bank interest 2560 . can u please let me know in which head of income shall i show the tution fees & equity share trading profit ? pls note that the share trading profit is "intra day trading profit" so in which head shall i show same.

thnx






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