Direct tax avoidance agreement
This query is : Resolved
19 December 2014
If an Indian Company is availing Consultancy services from Individual of Switzerland who does not hold PAN as on date, can take the benefit of Article 14 of DTAA with Swiss Confederation stating that the income is chargeable to Tax in Switzerland, hence no liability to deduct tax at source in India?
Please guide me on above topic
Please guide me on above topic
Amol S Joglekar
(Expert)
19 December 2014
Dont get yourself confused with TDS versus TAXABILITY.
Both the activities, although related, are to be tested independent of each other.
Hope you are representing Indian Company.
Both the activities, although related, are to be tested independent of each other.
Hope you are representing Indian Company.
CA Kumar Mukesh
(Expert)
20 December 2014
Dear Neha
The section 206AA of Income Tax Act, 1961 overrides provisions of DTAA, therefore for claiming benefits of DTAA pan required compulsory otherwise TDS will be deducted on Higher rate.
The section 206AA of Income Tax Act, 1961 overrides provisions of DTAA, therefore for claiming benefits of DTAA pan required compulsory otherwise TDS will be deducted on Higher rate.
23 December 2014
Thank you sir.
Still I want to clarify one more thing, is PAN and TRC both are mandatory for applying DTAA?
If Non-resident beneficiary is holding Tax Residency Certificate, can the beneficial provisions under DTAA be applied as per SEction 90(2)?
Kindly suggest me.
Still I want to clarify one more thing, is PAN and TRC both are mandatory for applying DTAA?
If Non-resident beneficiary is holding Tax Residency Certificate, can the beneficial provisions under DTAA be applied as per SEction 90(2)?
Kindly suggest me.
CA Kumar Mukesh
(Expert)
23 December 2014
Yes both are compulsory for getting Tax Benefits of DTAA.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Gst credit note by supplier
- Query on effect of registration of property
- Due date for filing return for the partner in partnership subjected to Tax Audit
- GST on reimbursement of expenses
- Missed uploading GST Invoice
- Equity Share Sale and Purchase
- Wrong CMPo8 file
- Goodwill transfer of deceased father’s firm – ICAI applying a 27.04.2026 cut-off to the 3 year limit
- Whether output tax is taken credit by purchaser
- Additional trade name
- Number of years as per AS amortisation of Goodwill
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Need to correct "Whether it is last installment " response in Form 26 QB
- " Income from House Property " in joint names of co-owners
- REGARDING TDS RETURN OF FORM 27Q
- Notice under e-Verification Scheme
- GST demand notice for ITC reversal against exempted supply.
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
