DTAA benefits

Dear Members

Can DTAA benefits be given to a non resident payee who is deemed to be having a PE in India though it has furnished TRC of its home country.

Or due to above fact 20% withholding tax be applied as it does not have PAN in India ?

Regards

 

CA Dipjyoti Majumdar

Replies (1)
  • DTAA Applicability: The non-resident is eligible for DTAA benefits upon furnishing a valid TRC and Form 10F. However, because a PE exists in India, income attributable to or effectively connected with the PE must be taxed as Business Profits (Article 7) on a net income basis in India rather than under lower gross withholding rates.

  • 20% TDS Rate: A flat 20% withholding tax under Section 206AA does not automatically apply purely due to the absence of a PAN, provided the non-resident complies with Rule 37BC (furnishing TRC, TIN/tax ID, and contact details) or relies on DTAA protection overriding Section 206AA.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details