Uttamkumar (Network Engineer) (25 Points)
09 December 2011
shushantsinghal
(BCOM(HONS),C.A)
(283 Points)
Replied 09 December 2011
In ur case since u r a resident of india ur whole income which is earned any where is taxable in india & in such case DTAA is relevant ......u r required to file a IT return in INDIA......read with DTAA either such income is taxable in india/china or tax paid in china is TREAT as TDS in india.....
Uttamkumar
(Network Engineer)
(25 Points)
Replied 09 December 2011
Thanks Shushant for your quick response. But I read the DTAA agreement, due to technical terms . I am not clear.
As per my understanding, It should be treated as TDS and I should get credit in India for same.
Can you Plz check and confirm me. Since I am layman in this process.
Thanks...
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7014 Points)
Replied 17 January 2012
Under India-China DTAA, the income being earned by Indian person shall be taxable in India and hence TDS should have been deducted by Chinese Company in INDIA and not CHINA.
Anuj
GST Live Certification Course (39th Batch) - April 2024 (Weekend Batch) (With Certificate)
"Live class on Python for Financial Analysis: Unlocking Efficiency in Accounting and Finance"