India uk dtaa

This query is : Open

Iqbal Singh Grover (Querist)
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04 June 2012 A foreign company (UK) had a PE in India last year but this year no business was done through the PE..

It got some fees for technical services in UK but not because of the PE..

TDS @ 15% was deducted by the payer as per the DTAA between India and UK..

While filing the TDS return, the payer quoted the PE's PAN and so it is reflecting in the PE's 26AS..

Since no business was done by the PE, should it file the return ?

Are the foreign company and its PE considered as two different entities for this purpose ?

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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05 June 2012 PE and UK entity are same.

here the UK entity should file the return on its UK address and claim refund as its tax liability shall be @ 10.51% (provided there was no coorelation of income earned from the PE).

Refund of excess 4.49% TDS should be claimed.

Anuj
femaquery@gmail.com

Iqbal Singh Grover

Iqbal Singh Grover (Querist)
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06 June 2012 How did you calculate 10.51% ?

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