With holding tax

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Ankur (Querist)
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26 June 2012 Hi,Myself Ankur Garg n I m working in recruitment company, we provided services in indonesia and they have deducted with holding Tax @ 20%, and they will provide us the tax credit certificate (same as TDS certificate)so my query is that can we claim this tax credit certificate in Company's ITR, if yes than how?

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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26 June 2012 Dear Mr. Ankur,

As per DTAA with indonesia(ARTICLE 23- Clause 2 The amount of Indonesian tax payable, under the laws of Indonesia and in accordance with the provisions of this Agreement, whether directly or by deduction, by a resident of India, in respect of profits or income arising in Indonesia, which have been subjected to tax both in India and in Indonesia, shall be allowed as a credit against the Indian tax payable in respect of such profits or income provided that such credit shall not exceed the Indian tax.

Thanks