If we deduct TDS as per DTAA which beneficial to receiver (As per IT 25%, As per DTAA 15%), then is it compulsary to file e-TDS return or not. Is their any return to be filed as per DTAA.
3 Replies
Asaithambi S
(CA)
(56 Points)
Replied 08 June 2013
DTAA plays a role to decide the rate of tax to be deducted. Once the tax is deducted as per the Income tax Act, though the rate of tax at DTAA, TDS return should be filed.
No seperate return for tax deducted at DTAA please.
s
(-)
(216 Points)
Replied 08 June 2013
Yes. But you need to get Certificate from any practicing CA in Form 15CB and then Upload form 15CA.
Deepak Tapse
(Accounts Manager - Taxation)
(1771 Points)
Replied 10 June 2013
Thanks Mr. Asaithambi
One more query, if we filed eTDS return after deducting TDS as per DTAA, suppose receiver (Foreign co or Perosn) does't have the PAN and if we shown TDS deducted @ 15%, is their liability will arise of remaining 5% ( i.e. 20% if PAN is not avabilable). Because in TDS return there is no way to show weather TDS deducted is as per IT or DTAA.
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