Double taxation and computation of tax

This query is : Resolved 

23 February 2016 Dear Experts,
In the F. Y 2008-09 I was a research Fellow in Kyoto, Japan for three months and my income from this was Rs. 756514/-. Against this I had paid Rs. 151303/- TDS @20% in Japan. And taxable income from my regular salary in India during the F.Y 2008-09 was Rs.288179/- Can anybody help me to compute my tax liability correctly corresponding to the Double Taxation treaty between India and Japan. Is there a special rate that is applicable in this case?
I shall be grateful.
Thanks
Ajithprasad
M. S. University Baroda

23 February 2016 Work out the total tax payable in India including the Japan income and deduct the TDS made in Japan that is the tax payable in India.

23 February 2016 Dear seetharaman fy 08-09 return cannot be filled. Time limit for filling return is one year from the end of relevant ay


24 February 2016 Dear Seetharaman,
Thanks for your suggestion. The IT office suggested a flat rate of 18.5% which I am not able to understand. Wonder how do they arrive at that rate.
My case is a resubmission of the returns which has not been settled for all these years.

24 February 2016 Dear Mr. Sharma,
This is a case of resubmission of returns which is not settle so far.

24 February 2016 Did they àllowed relief only for Rs. 139955(18.5% on 756514).They should have allowed relief for Rs.151303 such average working not required in your case.

24 February 2016 Thanks and your reply is very useful.
Yes, the IT officer's view that is the rate applicable in my case. I am filing a reply tomorrow in which I will hold my ground and claim full of relief. What is the rationale for the 18.5% rate? who will fall in that category?

25 February 2016 They have applied the average rate which is not applicable in your case.




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