Section 115A (5) of the Income Tax Act - Filing of return

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Finance manager
23 Points Posted on 30 March 2022

Is a non-resident shareholder company receiving dividends from an Indian company and subject to Income Tax under the relevant DTAA, required to file a tax return in India?

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On 30 March 2022 at 12:19 Report
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This discussion clarifies whether a non-resident shareholder company receiving dividends from an Indian company, even if subject to DTAA and TDS, must file an Income Tax return in India. The consensus is that if dividend income is the sole income and Tax Deducted at Source (TDS) has been applied, filing an Income Tax Return (ITR) in India is generally not required for non-residents.

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CFO- at NHTF
58280 Points Posted on 30 March 2022
If he has only dividend income and Tds is already deducted then he or she is not required file ITR in India
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On 30 March 2022 at 14:26
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Finance manager
23 Points Posted on 31 March 2022

Does the exemption apply to non-resident foreign companies as well?

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On 31 March 2022 at 07:27
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CFO- at NHTF
58280 Points Posted on 31 March 2022
It applies for non resident only
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On 31 March 2022 at 08:45

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