Regarding Form 145 and 146

1.Nature of Payment( As per invoice and Agreement) is advisory services without make available of technical knowledge 

2.DTAA India vs UK

3.NO PE Form 41, and TRC Given

But remittances is GBP 45000 and above

Kindly help me filing form 145 and 146

Is 145 alone applicable or 145 and 146 both applicable?

 

Replies (5)
Quick Summary
UK advisory payment (no "make available", no PE, TRC/Form 10F given) is generally not taxable in India under DTAA. File Form 15CA Part D only; 15CB not required unless taxable. DTAA can be relied upon if more beneficial than the Income Tax Act.

Based on the facts stated, this appears to be a remittance for advisory services to a UK resident. If the services do not “make available” technical knowledge, skill, experience, know-how or process, and the UK party has furnished TRC, Form 10F and no-PE declaration, the payment may generally be considered not taxable in India under the India–UK DTAA.

In such a case, Form 15CA Part D should generally be filed, as the remittance is not chargeable to tax in India. Form 15CB is normally required only where the remittance is chargeable to tax and the aggregate amount exceeds ₹5 lakh during the financial year.

Therefore, if the non-taxability position is properly supported, 15CA Part D alone should be sufficient. Still, because the amount is GBP 45,000+ and banks often follow conservative internal checks, it is advisable to keep the agreement, invoice, TRC, Form 10F, no-PE declaration, no make-available declaration and CA working note ready. If the bank insists, a CA certificate/clarification may be provided as a practical compliance safeguard.

I have doubt on the wordings part sir 

please kindly clarify it

The conclusion "the payment generally not taxable in india under INDIA and UK DTAA"

Should we take Treaty as basis? Or Indian Income Tac act as basis?

Kindly someone solve this doubt

Kindly someone solve this doubt

Hello

You can generate Form 145 (A, B, C, CD) & Form 146 (CB) JSON files using our Excel-based offline utility.

✅ Generate error-free JSON files with built-in schema validations
✅ Create portal upload-ready JSON to minimize validation errors
✅ Generate up to 25,000 JSON files in just 5 minutes with no per JSON charges

📥 Download: https://145146.in/  |  https://xltool.in/

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details