China dtaa tax query

1157 views 3 replies

 

Hi All Experts,
Need your help in my case...
I am a resident of India, employed with Chinese base company and earning money from China in Dollars to my India Account.Since this company is not having any Permanent Establishment in India.
As a employee my salary is fixed. My chinese company is paying Tax on my behalf as I am employee of company (Like TDS in India). I got tax receipts which states my Passport No. and my name.
 
So under act 90 DTAA , i should get relief India , right?
 
Since the tax paid in other country is part of my salary.. which is lot more than indian tax percentage. Right now I filed returns with relief of act 90. But still got 143 initimation... 
 
Same time, Plz let me know how to change jurisdiction. Since I already moved from my home town to Metro city. 
 
Plz help me to clarify this query. Looking for your replies.. 
 
Link - https://law.incometaxindia.gov.in/DIT/File_opener.aspx?fn=https://law.incometaxindia.gov.in/Directtaxlaws/cbdt/dta/A1_China.htm
 
 
Thanks in advance.. 
 
Uttam

 

Replies (3)

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.....

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...

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

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
21 July 2026
Chartered Accountant

Keshri & Associates

Thiruvananthapuram

CA

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details