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

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?

Replies (3)
Quick Summary
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.

If he has only dividend income and Tds is already deducted then he or she is not required file ITR in India

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

It applies for non resident only

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