Income Tax

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Hello Sir/Madam

A case is there plz help me.  We have a client who is living in U.S.A. 4 year ago he booked a Flat with J.B Builder. He paid Booking Amt. Of Rs. 900000 INR.In F.y 2009-10 Booking was canceled by Builder. Builder paid him Rs. 900000 along with Intrest amount of Rs. 300000 on which he already deducted TDS @ 10%.My client already file d I.T.R, after that he deposite his money 120000 in NRO A/c, He wanna Trfr his above said amt. to USA in his us based  A/c For this he need Form 15CB issued by C.A. in Form 15Cb there is a point of rate of TDS According to I.T Act & DTAA. my Question is what will be the TDS rate.is there any change in tax due to DTAA??/ Is he need Deposit Firther Tax?
Please Clearify. Waiting For Answer.
Thanks in Advance..

Replies (1)

tds rate will be as per income tax act or as per DTAA whichever is more beneficial to ur client.......if tds deducted by the builder .i.e(10%) is more than the relevant DTAA provisions......the client can claim the diff as refund after filing his itr

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