Usa form w8 ben. is it taxable in india ?

I am an IT consultant working for an Indian company. I was deputed to USA during Sep-Dec 2011 for some project realted work. As my stay in USA was less than 183 days during the USA financial year 2011, I opted to submit W8 Ben to my employer. Due to which my employer did not deducted the STATE ans FEDERAL tax on my USA income for 4 months.
I was happy to decalre this as an additional income in India for FY 2011-12 as had sufficient investments in India to claim the tax benefits on this huge income ($ income convrted ton INR).

But while filing my returns in USA for FY 2011, the CA's there are asking me to pay 10% tax (applicable to my income slab in USA). Also after paying this 10% tax in USA, they say I will have to pay the difference in India i.e. 30%(Indian slab) - 10% (USA slab) while filing the returns in India for FY 2011-12. This is confusnig me.

If I have to pay double tax, then what is the use of USA-India treaty ? why the W8 Ben was introduced ? Can anyone of you explain what is right and what is wrong ? Why I can't I simply pay the whole tax in India ? What is I don't pay it in USA ?

Replies (1)

Can anyone answer this ?

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details