With holding tax

How to adjust with holding tax where there is no DTAA? Can we claim with holding tax to P & L or should be reduced from our total tax liability?

Replies (6)

Sorry but your query seems a bit unclear.

Anyways withholding tax (WHT) is similar to tds credit. Its not an expense to be charged to P & L ac. So Assessee can surely adjust it against its final tax liability (which depends upon circumstances).

For example if a NR has received payments from a Indian resident after WHT. When such a NR determines tax liability in India and pays final taxes, he/she can claim such WHT against the final tax payment.

yes your final tax liability will be reduced by the amount of withholding tax deducted.

But suppose my foreign client makes a WHT amd pays me. My AO in india will not be able to check this in Form 26AS or NSDL portal. Then how an my AO in india grant me refund ?

 

please enlighten

In this case I understand that Indian resident receives payments from a non-resident. For WHT done all countries shall have respective tax credit mechanism like India has Tds certificates., I guess this should satisfy the AO. Further also determine whether such an income is liable to tax in India or the other foreign country.

If its taxable in India then file returns in the other country as per their guidelines and Indian resident should get a refund as income is not taxable in such other country.

If its taxable in foreign country I dont think question of refund arises.

Arihanth

Thanks for your observation. You mean to say that the WTH certificate (in their design and mode )  issued to me by my foreign client as per their country norms would satisfy my AO in india. So even though my AO will not catch this in my 26AS yet he will grant me refund.

Have i understood correctly. Kindly confirm

Pardon me if my last post was unclear.

I meant that there will not be any refund in India. Assessee has to pay full taxes in India if the income is chargeable to tax in India and in such a case the foreign country shall grant refund of WHT done by the NR.

If the income is chargeable to tax abroad then no point of any credit/refund arises.

For example; say an Indian Co. deducts some WHT any pays to a USA Co. If such an income of the USA Co. is fully taxable abroad then USA Co. shall pay its local income taxes in USA, and also file a return in India for claiming refund of WHT deducted by the Indian Co. Same principle should apply viceversa also.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

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
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details