A singapore based company (NR Company) holding some shares of an Indian company. Now it is selling these shares which are being bought by a seperate Indian company. Is there any liability of deducting TDS from the consideration paid for these shares? It is requested to the expert members to kindly give their suggestions / advice in the limelight of DTAA between India - Singapore. Article 13 of the treaty is reproduced for your kind perusal :

Article 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable property, referred to in Article 6, and situated in the other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such fixed base, may be taxed in that other State.

3. Gains from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State of which the alienator is a resident.

4. Gains from the alienation of shares of the capital stock of a company the property of which consists principally, directly or indirectly, of immovable property situated in a Contracting State may be taxed in that State.

5. Gains from the alienation of shares other than those mentioned in paragraph 4 in a company which is a resident of a Contracting State may be taxed in that State.

6. Gains from the alienation of any property other than that mentioned in paragraphs 1, 2, 3, 4 and 5 of this Article and paragraph 3(b) of Article 12 shall be taxable only in the Contracting State of which the alienator is a resident.


IT IS REQUESTED TO RESPECTED MEMBERS TO KINDLY ADVISE REGARDING THE MATTER AS IT IS URGENT

Sir please advise me, that our client got salary Rs 300000-00, from other country(Mexico) and 1040000-00 in India, his status is resident( 4months in other country and 8 months in India) at the time of filling the form 67, how to fill Article No. of DTAA, and Section 115JB /JC, please advise me..

SIR I HAVE PARTNERSHIP FIRM, MY TURNOVER WAS 68 LAKHS , BOOKS WERE NOT MAINTAINED AND I DECLARE INCOME 8% (544000) U/S 44AD IN FIRM IT RETURN

DOUBTS
1. WHEN I FILE MY PERSONAL IT RETURN HOW MUCH AMOUNT CAN I SHOW AS REMUNRATION AND INTEREST

WE ARE PURCHASED NEW MOTOR CAR ( JAGWAR )
GST ON MOTOR CAR IS NOT ALLOWABLE FOR INPUT CREDIT.
HENCE WE ARE NOT TAKING INPUT CREDIT.

MY QUESTION IS - IS ABOVE ITC ( GST ) TO MENTION MANDATORY
AS INELIGIBLE CREDIT IN GSTR-3B.RETURN = PLEASE GUIDE.

SOME TIME OUR INWARD SUPPLIES ARE -EXEMPTED, NIL RATED,
& FROM COMPOSITION DEALER.

MY QUESTION IS- IS ABOVE SUPPLIES VALUE TO MENTION MANDATORY
IN GSTR-3B RETURN= PLEASE GUIDE.

ABOVE INFORMATION PL.URGENT.

REGARDS
RAJKUMAR GUTTI

We imported goods from korea and we paid customs duty on it.later, we realized that the goods are in defective nature and we want to re-export it on the basis of replacement of some new goods.now my doubt is"shall we pay the customs duty at the time of import of repalced new goods?incase if we pay that shall we get the refund of customs duty which we paid earlier(at the time of import of defective goods)??.please anybody can help me...

Dear Experts,
I am a CA article and I filed a wrong tax audit u/s 44AB caluse 26
((i) In respect of any sum referred to in clause (a), (b), (c), (d), (e) or (f) of section 43B, the liability for which
(B) was incurred in the previous year and was
(a) paid on or before the due date for furnishing the return of income of the previous year under section 139 (1);(AT THIS PLACE)))
I ENTERED WHOLE AMOUNT OF THE GST PAID(say rs.50) IN THE YEAR AT ONE ROW THEN ADDED ANOTHER ROW ENTERED SERVICE TAX AND ENTERED AMOUNT (SERVICE TAX+GST (i.e 50+service tax) ).
I am really in great depression after that.
what could be the possible scenerio? please help help

An individual engaged in the business of exports of garments under LUT in the year of 2017-18. He has balance of input tax credit in their respective IGST/CGST/SGST ledger on gst portal which is refundable to him.

He shut downs his business in April 2018 and rent out the whole building for commercial purpose on which he charged GST on Rent @ 18% .

Can he set off the input tax credit of export business against the GST liability of rental Income.
Pls provide the reference/ provision of act/law.

Thanks

Hi All,

if restaurant do sell through online service app like swiggy & scootsy, they charge commission to restaurant & give back sales money after deducting there commission. do restaurant require to deduct TDS on commission if commission is more then 200000 to 300000 p.a.

thanks

Hi
One of my client is willing to bid for renting his commercial property. The potential party as demanded bids asking following info. per sq.ft.
1) Basic Rent
2) GST
3) Municipal Taxes & Other Maintenance Chanrges.

My question is what is the amount on which GST to be levied? Is it only on Basic Rent portion or on basic rent plus municipal taxes & other maintenance changes?

Kindly advice mentioning support for this.

A senior citizen wants to make a deposit of 10 lakhs at an interset of 9.25 per annum at ESAF Bank.What’s the limit of interest for which tax will be deducted ?And which form to be filed for non deducting the tax ??And is there any consequences on filing such form for a normal person??