Dtaa relief u/s 90 91

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 March 2012 Hi

I request clarification with respect to tax relief section 90/91 for DTAA.

If I have a resident status and I have earned income in India and in the US which have been taxed separately in both the respective countries what is my tax payable/refundable in India?

Details are as follows for illustration:

Income In India : Rs 1262485
Tax Liability in India (TDS) : Rs 208829

Income Earned Overseas : USD 151275
Fed Tax : USD 25787
State Tax : USD 10891

Can I take tax benefit under either 90 or 91 whichever is more beneficial?
If yes how do I represent the same in ITR 2 (Both Overseas Income & Overseas Tax)?
Do I need to file any other form for taking the benefit of the relief other than the ITR 2?

Regards

Rohit

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
Follow

31 March 2012 FIRST PL UNDERSTAMD THAT TDS IS NOT THE TAX LIABILITY. TAX LIABILITY WILL B CALCULATED AS PER SLAB RATES APPLICABLE TO U.
US INCOME WILL BE CONVERTED INTO INDIAN RUPEES AND WILL BE INCLUDED IN TOTAL INCOME
AFTER THAT TAX LAIB WILL BE DETERMINED
THERAFTER AVERAGE TAX RATE WILL BE DETERMINED
TAX ON US INXCOME AS PER AVG RATE OR TAX PAID IN USA WHICHEVER IS LOWER WILL BE THE TAX RELIEF
IT IS BETTER FOR U TO CONSULT A CA IN THIS RAGARD WITH FULL DETAILS.
CA MANOJ GUPTA
JODHPUR
09828510543