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Dtaa tax rate problem in itr-6

Tax queries 786 views 1 replies

I have filed an ITR-6 for Foreign Comapny and the income of the same company is covered under DTAA. As per DTAA the flat rate of 10% Tax shall be charges whereas while filing the ITR-6, for the tax calculation additional surcharge and education cess is also charged.

Kindly suggest as i have received a notice of defective return u/s 139(9) from departments, what shall I do...the additional demand liability is huge amount as it also includes interest u/s 234(b) & (c).

It is not a default on assesse's end but the problem is there in ITR-6 utility.

 

Replies (1)

Education cesses and Surchages are extra charge on Tax payable (where tax payballe  is computed as per DTAA or general provisions of the Act whichever more  beneficial to  the assessee).

Therefore,such cesses and surchages to be paid in all cases whether the tax payable as per DTAA or as per general provisions of the Act.


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