Double Taxation


This query is : Resolved 

pro badge (Querist)
05 July 2010 My client is working in India for an MNC. In Jan 2010, he sold all the shares that were alloted to him under ESOP.His employer company has deducted some tax as withholding tax in US and remitted the balance amount to the employee.
However in India, the entire profit on the sale of ESOP is treated as salary (included in Form 16 ) and TDS is deducted in india also. This has resulted in double taxation of the same amount.
How can i Claim the refund.I have the tax deduction details made in US.
Please Help me

CA.Mini (Expert)
05 July 2010 yes he can claim relief u/s 91 in respect of doubly taxed.ie avg. rate or the rate of tax applied in US whichever is lower.


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