Non resident company,Return filing requirement

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This query is : Resolved

C.Muthukumar (Querist)

02 November 2009 A indian company has deducted tax at source for the non resident company and duly remitted to the government and the Non Resident company does not have the PAN number in india,Is the company required to file a ROI for the tax deducted

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)

02 November 2009 No, if the country of the non resident company has the DTA with India they can claim the Tax credit in that country on the basis of TDS certificate given by the Indian company.

taxindiaconnect

taxindiaconnect (Expert)

02 November 2009 The provision of section 139 applies to all the assessee including a non resident assessee. However section 115A(5) of the Act provide exemption from filing of income tax return to the following category of non resident assessee -
It shall not be necessary for an assessee referred to in sub-section (1) to furnish under sub-section (1) of section 139 a return of his or its income if-
(a) his or its total income in respect of which he or it is assessable under this Act during the previous year consisted only of income referred to in clause (a) of sub-section (1) ; and
(b) the tax deductible at source under the provisions of Chapter XVII-B has been deducted from such income.
Thus a non resident having income in India will have to file the tax return under section 139 except as mentioned above.

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