Income Tax : Returning NRIs often misjudge residency rules and day counts. The key takeaway is to plan residency early to prevent worldwide tax...
Income Tax : Understand role of Form 10F for non-residents to claim Double Taxation Avoidance Agreement (DTAA) benefits and avoid higher withho...
Income Tax : Understand Form 10F for non-residents receiving income from India. Learn about electronic filing, recent changes, and the benefits...
Income Tax : Under law, identity or recognition of a person is established by relevant documents mentioned under those laws. For example passpo...
Income Tax : Legal fees is deemed to accrue or arise in India, whether or not non-resident has place of business in india or has rendered servi...
Income Tax : KSCAA has made a Representation on Challenges in Income Tax Related to Rectification Proceedings, Order Giving Effect, Delay in P...
Income Tax : ITAT Delhi rules non-resident’s salary for services rendered abroad not taxable in India, providing significant relief under Ind...
Income Tax : Debarghya Chattopadhaya vs DCIT - Kolkata ITAT rules taxpayer, possessing tax residency certificate and taxed in another contracti...
Income Tax : Read the detailed analysis of Sarva Capital LLC Vs ACIT (ITAT Delhi) regarding the validity of Tax Residency Certificate (TRC) for...
Income Tax : Even though the department had the authority to dispute the residential status of the assessee merely on the strength of the Tax R...
Income Tax : Explore the ITAT Hyderabad order in Amol Teradale vs. ITO for AY 2020-21. Key issues include tax residency certificate, DTAA benef...
Income Tax : Notification No. 57/2013 - Income Tax (1) These rules may be called the Income-tax (11th Amendment) Rules, 2013. (2) They shal...
KSCAA has made a Representation on Challenges in Income Tax Related to Rectification Proceedings, Order Giving Effect, Delay in Processing Of Refund, Delay In Processing Lower Deduction Certificates and Delay in Tax Residency Certificates (TRC) with possible solutions to Principal Chief Commissioner of Income Tax, Karnataka & Goa. Date: 10th March, 2022 To, The Principal Chief […]
Haresh C Sheth Vs ITO (ITAT Mumbai) There were justifiable reasons for the assessee in not filing the TRC in the course of the assessment proceedings. But then, we cannot also remain oblivious of the fact that the A.O had declined to apply the special rate of tax as per the DTAA, for the reason, […]
Under law, identity or recognition of a person is established by relevant documents mentioned under those laws. For example passport establishes citizenship; Aadhar Card establishes residency for the purpose of government subsidies and benefits. In the same way, residency under direct tax laws is established by ‘Tax Residency Certificate’ also known as ‘TRC’. In one […]
Sri Vamsee Krishna Kundurthi Vs ITO (International Taxation) (ITAT Hyderabad) As the assessee has spent less than 60 days in India during the FY 2013-14, he qualifies as a Non resident under section 6(1) of the Act. Therefore, the foreign allowance of Rs.19,79,072/- was not offered to tax in India in the return of income […]
Legal fees is deemed to accrue or arise in India, whether or not non-resident has place of business in india or has rendered services in India.
Please read this article as a deductee to get more clarity. While making foreign remittance we deduct TDS whether as per Income Tax Act,1961 or as per DTAA or provide the benefit of DTAA, whichever is more beneficial to assessee. Case-1: If we are taking benefit of DTAA: 1. Section 90(4) of the Income Tax […]
the Tribunal had held that absence of TRC cannot be a ground for denying the benefit of DTAA. It has only held that the assessee should furnish evidence for the claim of exemption.
A new sub-section (4) to section 90 has been inserted by the Finance Act, 2012 w.e.f. 01.04.2013 wherein a non-resident assessee who claims any relief under Double Taxation Avoidance Agreement [DTAA] is required to obtain a Tax Residency Certificate [TRC] from the Government of that country of which he is resident.
Notification No. 57/2013 – Income Tax (1) These rules may be called the Income-tax (11th Amendment) Rules, 2013. (2) They shall be deemed to have come into force with effect from the 1st day of April, 2013. 2. In the Income-tax Rules, 1962,- (a) in rule 21AB, for sub-rules (1) and (2), the following sub-rules shall be substituted namely:- “(1) Subject to the provisions of sub-rule (2), for the purposes of sub-section (5) of section 90 and sub-section (5) of section 90A, the following information shall be provided by an assessee in Form No. 10F, namely:-
Provisions of requirement of Tax Residency Certificate were introduced last year. The Finance Minister has attempted to make changes to the existing provisions. The author analyses the changes that are proposed and the possible effects.
