Form 15ca cb amendment query

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 June 2016 Dear Sir,

We require to make a foreign payment.
The foreign payment to be made is for technical services. By availing the benefit of treaty, the income is not taxable in India. However, as per Income tax act, it is taxable @10.3% as per Income tax Act, 1961.

My query is :
To avail the tax treaty benefit and no withholding tax amount, is Form 15CB is compulsory required??? or As income is not taxable in India as per DTAA , we can fill part - D of Form 15CA and make a declaration?

Further, As per the reading of Rule 37BB(2) and Part -D of Form 15CA reading, "for the payment to a non-resident, any sum which is not chargeable under the provisions of Income tax Act,1961 shall furnish form part D."

Kindly guide on this.

Thanking you.

Kaushik Joshi

Kaushik Joshi (Expert)
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13 June 2016 Dear Anonymous, As you've read part D relates to payments not taxable as per IT Act. This is not the case in your situation. you want to claim benefit of the DTAA. So you're required to file 15CA-15CB Declaration online. 15CA shall be filled through the portal of the client. 15CB to be filed through CA portal on income tax site. please note that reference of acknowledgement number of 15CB is to be given in form 15CA.

Querist : Anonymous

Querist : Anonymous (Querist)

13 June 2016 Thank you Mr. Kaushik ,

So it means that For claiming any benefit under DTAA, Form 15CB is required!!!

I understand that DTAA benefit is also given under IT Act only. And as income is not taxable under DTAA benefit, Part-D of Form15CA declaration is sufficed?

Please give your valuable comments also.

Thanks.

Rupesh Jain

Rupesh Jain (Expert)
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13 June 2016 form 15CB will apply on the services its come for taxable, but tds not required to deduct on that.

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