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Double taxation avoidance agreement

Efiling 581 views 1 replies

Ram CA

Student

50 Points Joined September 2009

Dear Sir / Madam,

I have a couple of queries relating to Double Taxation Avoidance Agreement (DTAA).

1. In case of a resident Indian assessee who has earned salary income for 6 months from USA after deduction of tax at source as per USA tax law, is there a requirement for the assessee to submit Form No. 10FA to the concerned Assessing Officer in order to acquire Tax Residency Certificate (Form No. 10FB) for the purpose of availing the benefit of DTAA?

2. Is there is a requirement to submit the Tax Residency Certificate to the Income Tax Department at the time of sending the acknowledgement (ITR-V) to CPC after filing the Income Tax Return (e-filing) in order to claim relief under section 90?

Thanking You,

With Best Regards,
Ram

Replies (1)

Nilesh N.W.

Student

43 Points Joined May 2008

Dear Ram sir,

As per recent amendments in Finance Act,2012,it is mandatory to Resident Assessee to produce the TRC(i.e.Tax Residency Certificate) in prescribed form.

There is prescribed format for TRC which is required to be submitted along with Return of Income.

And accordingly compute the relief u/s 90 ,90A Or 91(if any).

It is good question.Normally there are few practitioners who are working on Non-Resident's Issue.

Thanks,

Nilesh