Partial stay in india

I have stayed in India for 58 days in last year. When I was not in India, my salary was converted to US dollars and was paid in USA for which I have paid tax in USA. When I returned to India, my employer deducted TDS on the salary for the whole year and 26AS form also shows full year salary. According to DTAT between India and USA, I should not be required to pay tax on the income for which I have already paid tax in USA. I need help of a CA for my refund as my employer is not cooperating. I am willing to hire a professional for this.