Refund of relief u/s 90

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JIMMY VADERA (Querist)
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07 September 2012 One private limited company provided service in Kazakistan . The company in Kazakistan deducted TDS @ 20% while making the payment.

Value of TDS in INR is Rs. 3,10,000.
Total Tax liability of Indian Company for the year is Rs. 1,50,000.

We can claim relief of TDS Deducted by foreign company u/s 90.

However my questions is whether can also get refund if excess is deducted by foreign company as in above can indian company can get refund of Rs. 1,60,000 ?

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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09 September 2012 India doesn't have a Treaty with Kazakistan hence section 91 shall apply.

No the additional tax i.e. Rs. 1,60,000/- is an cost to you.

Anuj
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