Relife U/S 90

674 views 2 replies

 

ONE OF OUR CLIENT IS HAVING COMMISSION INCOME FROM CHINA. THE CHINESE COMPANY PAID THE AMOUNT AFTER DEDUCTING TAX .
OTHER FACTS
HE IS RESIDENT OF INDIA DURING THE PREVIOUS YEAR
TAX ON HIS INCOME FROM INDIA FOR PREVIOS YEAR IS AROUND60,000/-, WHICH HAS ALREADY BEEN DEPOSITED BY WAS OF TDS/ADVANCE TAX
TAX ON HIS INCOME FROM INDIA AND CHINA FOR PREVIOS YEAR IS AROUND1,00,000/- (AS PER IT ACT)
TDS CERTIFICATE ISSUED BY GOVT OF CHINA IS AROUND INR  2,50,000
MY QUERIES
HOW CAN HE CLAIM THE RELIEF OF SUCH TAX DEDUCTED BY THE CHINESE GOVERNMENT IN INDIA.? 
WHETHER HE CAN CLIAN  REFUND OF TDS SO DEDUCTED BY CHINESE GOVERNMENT IN INDIA?
AND IF NOT THAN WHETHER HE HAVE TO PAY TAX ON CHINESE INCOME IN INDIA?
Replies (2)

Refer to Double Taxation Avoidance agreement with China. You can find it from Income tax Department's site.

generally in these cases Foreign Income is not taxable in India.

Hi

I have not read Indo China DTAA. But I can giove some idea. SInce it is a business income both china and India would like to levy tax. China has already levied it now it is turn of India.

Suppose chinese income is 25L. Tax levied by china is 10%. Remaining tax of 20% India can levy. This is only an example.

For specific Indo -China DTAA has to be read. But one thing is sure India need its pie.

Thanks 


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