FEMA PRESENTATION by CA Sunil Jain on 22 Dec 2014

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CA. SUNIL JAIN
FCA, DISA (ICAI)
1
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Important Provisions of the Act
Relevant Rules
Reference to DTA
Checklist to Form 15CB
Case Studies
Case Laws- Inference
2
(1) Any person responsible for paying to a non-resident, not
being a company, or to a foreign company, any interest (not
being interest referred to in section 194LB or section
194LC) [or section 194LD] or any other sum chargeable
under the provisions of this Act (not being income
chargeable under the head "Salaries") shall, at the time of
credit of such income to the account of the payee or at the
time of payment thereof in cash or by the issue of a
cheque or draft or by any other mode, whichever is earlier,
deduct income-tax thereon at the rates in force :
Provided...
[Provided further that no such deduction shall be made in
respect of any dividends referred to in section 115-O.]
3
[Explanation 1.....
*Explanation 2.—For the removal of doubts, it is hereby
clarified that the obligation to comply with sub-section (1)
and to make deduction there under applies and shall be
deemed to have always applied and extends and shall be
deemed to have always extended to all persons, resident or
non-resident, whether or not the non-resident person has—
(i) a residence or place of business or business connection in
India; or
(ii) any other presence in any manner whatsoever in India.]
*Inserted by Finance Act 2012 w.e.f 01/04/1962
4
(2) Where the person responsible for paying any such sum chargeable
under this Act (other than salary) to a non-resident considers that the
whole of such sum would not be income chargeable in the case of the
recipient, he may make an application to the Assessing Officer to
determine, by general or special order, the appropriate proportion of such
sum so chargeable, and upon such determination, tax shall be deducted
under sub-section (1) only on that proportion of the sum which is so
chargeable.
(3) Subject to rules made under sub-section (5), any person entitled to
receive any interest or other sum on which income-tax has to be
deducted under sub-section (1) may make an application in the prescribed
form to the Assessing Officer for the grant of a certificate authorising him
to receive such interest or other sum without deduction of tax under that
sub-section, and where any such certificate is granted, every person
responsible for paying such interest or other sum to the person to whom
such certificate is granted shall, so long as the certificate is in force, make
payment of such interest or other sum without deducting tax thereon
under sub-section (1).
5
(4) A certificate granted under sub-section (3) shall remain in force till the
expiry of the period specified therein or, if it is cancelled by the Assessing
Officers before the expiry of such period, till such cancellation.
(5) The Board may, having regard to the convenience of assessees and the
interests of revenue, by notification in the Official Gazette, make rules
specifying the cases in which, and the circumstances under which, an
application may be made for the grant of a certificate under sub-section
(3) and the conditions subject to which such certificate may be granted
and providing for all other matters connected therewith.
(6) The person referred to in sub-section (1) shall furnish the information
relating to payment of any sum in such form and manner as may be
prescribed by the Board
6
(7) Notwithstanding anything contained in sub-section (1) and sub-section
(2), the Board may, by notification in the Official Gazette, specify a class of
persons or cases, where the person responsible for paying to a nonresident, not being a company, or to a foreign company, any sum, whether
or not chargeable under the provisions of this Act, shall make an
application to the Assessing Officer to determine, by general or special
order, the appropriate proportion of sum chargeable, and upon such
determination, tax shall be deducted under sub-section (1) on that
proportion of the sum which is so chargeable.
7
(1) Notwithstanding anything contained in any other provisions of this
Act, any person entitled to receive any sum or income or amount,
on which tax is deductible under Chapter XVIIB (hereafter referred
to as deductee) shall furnish his Permanent Account Number to the
person responsible for deducting such tax (hereafter referred to as
deductor), failing which tax shall be deducted at the higher of the
following rates, namely:—
(i) at the rate specified in the relevant provision of this Act; or
(ii) at the rate or rates in force; or
(iii) at the rate of twenty per cent.
(2) .......
8
(3) In case any declaration becomes invalid under sub-section (2), the
deductor shall deduct the tax at source in accordance with the provisions
of sub-section (1).
(4) No certificate under section 197 shall be granted unless the application
made under that section contains the Permanent Account Number of the
applicant.
(5) The deductee shall furnish his Permanent Account Number to the
deductor and both shall indicate the same in all the correspondence, bills,
vouchers and other documents which are sent to each other.
(6) Where the Permanent Account Number provided to the deductor is
invalid or does not belong to the deductee, it shall be deemed that the
deductee has not furnished his Permanent Account Number to the
deductor and the provisions of sub-section (1) shall apply accordingly.
9
(7) The provisions of this section shall not apply in respect of payment of
interest, on long-term bonds, as referred to in section 194LC, to a nonresident, not being a company, or to a foreign company.
10
(1)Where the total income of—
(a) Specified rates for incomes in the nature of interest and
dividend etc.
(b) a non-resident (not being a company) or a foreign company,
includes any income by way of royalty or fees for technical
services other than income referred to in sub-section (1) of
section 44DA................................then, subject to the
provisions of sub-sections (1A) and (2), the income-tax
payable shall be the aggregate of,—
11
(A) the amount of income-tax calculated on the income by way of
royalty, if any, included in the total income, at the rate of twenty
five per cent;
(B) the amount of income-tax calculated on the income by way of
fees for technical services, if any, included in the total income, at
the rate of twenty-five per cent; and
(C) the amount of income-tax with which it would have been
chargeable had its total income been reduced by the amount of
income by way of royalty and fees for technical services.
12
(3) No deduction in respect of any expenditure or allowance
shall be allowed to the assessee under sections 28 to 44C and
section 57 in computing his or its income referred to in subsection (1).
13
(5) It shall not be necessary for an assessee referred to in subsection (1) to furnish under sub-section (1) of section 139 a
return of his or its income if—
(a) his or its total income in respect of which he or it is
assessable under this Act during the previous year consisted
only of income referred to in clause (a) of sub-section (1); and
(b) the tax deductible at source under the provisions of Chapter
XVII-B has been deducted from such income.
14
(2) Where the Central Government has entered into an
agreement with the Government of any country outside
India or specified territory outside India, as the case may be,
under sub-section (1) for granting relief of tax, or as the case
may be, avoidance of double taxation, then, in relation to
the assessee to whom such agreement applies, the
provisions of this Act shall apply to the extent they are more
beneficial to that assessee.
15
(4) An assessee, not being a resident, to whom an agreement
referred to in sub-section (1) applies, shall not be entitled to
claim any relief under such agreement unless a certificate
of his being a resident] in any country outside India or
specified territory outside India, as the case may be, is
obtained by him from the Government of that country or
specified territory. (TRC)
(5) The assessee referred to in sub-section (4) shall also provide
such other documents and information, as may be
prescribed. (Form 10F) (Rule 21AB)
16
(1) The following incomes shall be deemed to accrue or arise in India
:—
(i) all income accruing or arising, whether directly or indirectly,
through or from any business connection in India, or through or
from any property in India, or through or from any asset or source
of income in India, or through the transfer of a capital asset situate
in India.
(vi) Income by way of royalty.......
Explanation 2 to 9(1)(vi).—For the purposes of this clause, "royalty"
means consideration (including any lump sum consideration but
excluding any consideration which would be the income of the
recipient chargeable under the head "Capital gains") for—
17
(i) the transfer of all or any rights (including the granting of a licence)
in respect of a patent, invention, model, design, secret formula or
process or trade mark or similar property ;
(ii) the imparting of any information concerning the working of, or
the use of, a patent, invention, model, design, secret formula or
process or trade mark or similar property ;
(iii) the use of any patent, invention, model, design, secret formula or
process or trade mark or similar property ;
(iv) the imparting of any information concerning technical, industrial,
commercial or scientific knowledge, experience or skill ;
18
(iva) the use or right to use any industrial, commercial or scientific
equipment but not including the amounts referred to in section
44BB;
(v) the transfer of all or any rights (including the granting of a
licence) in respect of any copyright, literary, artistic or scientific
work including films or video tapes for use in connection with
television or tapes for use in connection with radio broadcasting,
but not including consideration for the sale, distribution or
exhibition of cinematographic films ; or
(vi) the rendering of any services in connection with the activities
referred to in sub-clauses (i) to (iv), (iva) and (v).
19
[Explanation 3 to 9(1)(vi).—For the purposes of this clause,
"computer software" means any computer programme recorded
on any disc, tape, perforated media or other information storage
device and includes any such programme or any customized
electronic data;]
[Explanation 4 to 9(1)(vi).— For the removal of doubts, it is
hereby clarified that the transfer of all or any rights in respect of
any right, property or information includes and has always
included transfer of all or any right for use or right to use a
computer software (including granting of a licence) irrespective
of the medium through which such right is transferred.
( Explanation 4,5 & 6 Inserted by fin act 2012 w.e.f.
01/06/1976)
20
Explanation 5 to 9(1)(vi).— For the removal of doubts, it is hereby
clarified that the royalty includes and has always included
consideration in respect of any right, property or information,
whether or not—
(a) the possession or control of such right, property or information
is
with the payer;
(b) such right, property or information is used directly by the payer;
(c) the location of such right, property or information is in India.
Explanation 6 to 9(1)(vi).— For the removal of doubts, it is hereby
clarified that the expression "process" includes and shall be
deemed to have always included transmission by satellite (including
up-linking, amplification, conversion for down-linking of any signal),
cable, optic fibre or by any other similar technology, whether or not
such process is secret;'.
21
9(1)(vii)- Income by way of fee for technical services
Explanation [2] to 9(1)(vii).— For the purposes of this clause, "fees
for technical services" means any consideration (including any lump
sum consideration) for the rendering of any managerial, technical
or consultancy services (including the provision of services of
technical or other personnel) but does not include consideration for
any construction, assembly, mining or like project undertaken by
the recipient or consideration which would be income of the
recipient chargeable under the head "Salaries".
22
Explanation to 9(2).— For the removal of doubts, it is hereby
declared that for the purposes of this section, income of a nonresident shall be deemed to accrue or arise in India under clause (v)
or clause (vi) or clause (vii) of sub-section (1) and shall be included
in the total income of the non resident, whether or not,—
(i) the non-resident has a residence or place of business or
business connection in India; or
(ii) the non-resident has rendered services in India.
(Inserted by Fin Act 2010 w.e.f. 01/06/1976)
23
(1) The income by way of royalty or fees for technical services received
from Government or an Indian concern in pursuance of an agreement
made by a non-resident (not being a company) or a foreign company with
Government or the Indian concern after the 31st day of March, 2003,
where such non-resident (not being a company) or a foreign company
carries on business in India through a permanent establishment situated
therein, or performs professional services from a fixed place of profession
situated therein, and the right, property or contract in respect of which the
royalties or fees for technical services are paid is effectively connected with
such permanent establishment or fixed place of profession, as the case
may be, shall be computed under the head "Profits and gains of business
or profession" in accordance with the provisions of this Act :
24
Provided that no deduction shall be allowed,—
(i) in respect of any expenditure or allowance which is not wholly and
exclusively incurred for the business of such permanent
establishment or fixed place of profession in India; or
(ii) in respect of amounts, if any, paid (otherwise than towards
reimbursement of actual expenses) by the permanent establishment
to its head office or to any of its other offices.
[Provided further that the provisions of section 44BB shall not apply in
respect of the income referred to in this section].
25
(2) Every non-resident (not being a company) or a foreign company shall keep
and maintain books of account and other documents in accordance with the
provisions contained in section 44AA and get his accounts audited by an
accountant as defined in the
Explanation below sub-section (2) of section 288 and furnish along with the
return of income, the report of such audit in the prescribed form duly signed
and verified by such accountant.
Explanation.—For the purposes of this section,—
(a) "fees for technical services" shall have the same meaning as
in Explanation 2 to clause (vii) of sub-section (1) of section 9;
(b) "royalty" shall have the same meaning as in Explanation 2 to clause
(vi) of sub-section (1) of section 9;
(c) "permanent establishment" shall have the same meaning as in clause
(iiia) of section 92F.]
26
For the purpose of deduction of tax at source on any income
payable in foreign currency, the rate of exchange for the
calculation of the value in rupees of such income payable to
an assessee outside India shall be the telegraphic transfer
buying rate of such currency as on the date on which the tax
is required to be deducted at source under the provisions of
Chapter XVIIB by the person responsible for paying such
income.
27
(1) Any person responsible for paying to a non-resident, not
being a company, or to a foreign company, any interest or
salary or any other sum chargeable to tax under the
provisions of the Act, shall furnish the following, namely:(i) the information in Part A of Form No.15CA, if the amount
of payment does not exceed fifty thousand rupees and the
aggregate of such payments made during the financial year
does not exceed two lakh fifty thousand rupees;
28
(ii) the information in Part B of Form No.15CA for payments other
than the payments referred in clause (i) after obtaining(a) a certificate in Form No.15CB from an accountant as defined in
the Explanation below sub section (2) of section 288; or
(b) a certificate from the Assessing Officer under section 197; or
(c) an order from the Assessing Officer under sub section (2) and
sub section (3) of section 195
(2) The information in Form No. 15CA shall be furnished by the
person electronically to the website designated by the
Income-tax Department and thereafter signed printout of the
said form shall be submitted to the authorised dealer, prior to
remitting the payment.
29
(3) An income-tax authority may require the authorised dealer
to furnish the signed printout referred to in sub-rule (2) for
the purposes of any proceedings under the Act.
(4)The Director General of Income-tax (Systems) shall specify
the procedures, formats and standards for ensuring secure
capture, transmission of data and shall also be responsible for
the day-to-day administration in relation to furnishing the
information in the manner specified.
30
Explanation 1.- For the purposes of this rule, ‘authorised
dealer’ means a person authorised as an authorised dealer
under sub section 1 of section 10 of the Foreign Exchange
Management Act, 1999 (42 of 1999).
Explanation 2.- For the removal of doubts, it is hereby clarified
that for payments of the nature specified in column (3) of the
specified list below, no information is required to be furnished
under sub-rule (1)
31
Sl.No. Purpose code as
Nature of payment
per RBI
(1)
(2)
(3)
1
S0001
Indian investment abroad -in equity capital
(shares)
2
S0002
Indian investment abroad -in debt securities
3
S0003
Indian investment abroad -in branches and
wholly owned subsidiaries
4
S0004
Indian investment abroad -in subsidiaries and
associates
5
S0005
Indian investment abroad -in real estate
6
S0011
Loans extended to Non-Residents
7
S0101
Advance payment against imports
8
S0102
Payment towards imports-settlement of invoice
32
Sl.No. Purpose code as
Nature of payment
per RBI
(1)
(2)
(3)
9
S0103
Imports by diplomatic missions
10
S0201
Payments for surplus freight or passenger fare by
foreign shipping companies operating in India.
11
S0202
Payment for operating expenses of Indian
shipping companies operating abroad.
12
S0203
Freight on imports - Shipping companies
13
S0204
Freight on exports - Shipping companies
14
S0206
Booking of passages abroad - Shipping
companies
15
S0208
Operating expenses of Indian Airlines companies
operating abroad
16
S0209
Freight on imports - Airlines companies
33
Sl.No. Purpose code as
Nature of payment
per RBI
(1)
(2)
(3)
17
S0212
Booking of passages abroad - Airlines companies
18
S0213
Payments on account of stevedoring,
demurrage, port handling charges etc.
19
S0301
Remittance towards business travel.
20
S0302
Travel under basic travel quota (BTQ)
21
S0303
Travel for pilgrimage
22
S0304
Travel for medical treatment
23
S0305
Travel for education (including fees, hostel
expenses etc.)
24
S0401
Postal services
34
Sl.No. Purpose code as
Nature of payment
per RBI
(1)
(2)
(3)
25
S0501
Construction of projects abroad by Indian
companies including import of goods at project
site
26
S0601
Payments for life insurance premium
27
S0602
Freight insurance - relating to import and export
of goods
28
S0603
Other general insurance premium
29
S1011
Payments for maintenance of offices abroad
30
S1201
Maintenance of Indian embassies abroad
31
S1202
Remittances by foreign embassies in India
32
S1301
Remittance by non-residents towards family
maintenance and savings
35
Sl.No. Purpose code as
per RBI
(1)
(2)
33
34
S1302
S1303
35
S1304
36
S1305
37
38
S1306
S1501
39
S1503
Nature of payment
(3)
Remittance towards personal gifts and donations
Remittance towards donations to religious and
charitable institutions abroad
Remittance towards grants and donations to other
governments and charitable institutions established
by the governments.
Contributions or donations by the Government to
international institutions
Remittance towards payment or refund of taxes.
Refunds or rebates or reduction in invoice value on
account of exports
Payments by residents for international bidding".]”
36
As per Finance Act
 As per DTA
 As per Section 206AA
Example: Fee for technical services:
Finance Act- 25% + SC+EC
DTA- 10% to 20% (No SC or EC)
Section 206AA- 20% +SC+EC

37

195A. In a case other than that referred to in
sub-section (1A) of section 192, where under an
agreement] or other arrangement, the tax
chargeable on any income referred to in the
foregoing provisions of this Chapter is to be
borne by the person by whom the income is
payable, then, for the purposes of deduction of
tax under those provisions such income shall be
increased to such amount as would, after
deduction of tax thereon at the rates in force for
the financial year in which such income is
payable, be equal to the net amount payable
under such agreement or arrangement.
38
Section 44B: Shipping Business
 44BB: Exploration of mineral oils etc.
 44BBA: Operations of Aircrafts
 44BBB: Civil Construction
 44DA: Royalty & FTS through PE

39
Fee for technical services UK/ USA - payment of any kind to any person in
consideration for rendering of any technical or
consultancy services (including the provision of
services of technical or other personnel) which
a) ........
b) ........
c) Make available technical knowledge, experience,
skill, know-how or processes or consists of the
development and transfer of a technical plan or
technical design.
40

Austria- Means payment of any amount to any person
other than payment to an employee of a person, in
consideration for the services of managerial, technical
or consultancy nature including the provision of
services of technical or other personnel.
“Make available” missing in the above definition.
41


All the treaties contain a rider in respect of royalties
and fee for technical services to the effect that specific
article of DTA will not apply if the recipient carries on
the business through a PE.
Implication:
DTA rate will not be applicable.
The income would be taxable as business income.
Computation of withholding tax an issue. Whether to
apply regular rate of 25% or 30/40%+SC+EC
42
Independent Personal Services
 Status of the RecipientFor example in US applies only to individuals or firm of
individuals and not companies whereas in UAE applies
to all recipients.
 Number of daysVaries from treaty to treaty. Generally between 90 days
and 183 days.
 All the treaties define professional services covered
under the article.
43
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
Ascertain nature of payment: Agreement/ invoice/
correspondence etc.
Status of the payee- Company/ individual/ firm
Country of recipient
Whether DTA exists.
Whether recipient holds TRC.
Whether Form 10F obtained.
Whether recipient holds PAN in India.
Whether recipient has PE in India and the payment is
connected to that PE.
Applicable article of DTA.
Applicable rate under regular provisions.
Whether to be grossed up.
44
Examined relevant documents and
books of accounts required for
ascertaining the nature of remittance
and for determing the rate of
deduction…….
 Whether to fill S.no. 8 & 9 both
 9B: If Business Income the basis of
arriving at the rate
 13 Date of deduction

45








Payer: An Indian Company
Recipient- Russian Company
Nature- AMC of aircrafts
DTA Article 12: Rate 10%
Recipient not holding PAN
Recipient not providing TRC
Tax to be grossed up
Withholding tax- 34.68% (25.75% grossed up)
46







Payer: An Indian Company
Recipient- Bangladesh Company
Nature- Setting up of Joint Information Centre in
Bangladesh for promotional activities on cost sharing
basis. No transfer of any technology. No provision of
any managerial or technical services.
No income chargeable to tax in India.
Recipient not holding PAN
Recipient not providing TRC
No Withholding tax- At best covered in Article 7, no PE.
47









Payer: An Indian Company
Recipient- Individual in USA
Nature- Architectural consultancy & designing.
Recipient not having any PE in India.
Recipient total number of days in India < 90.
Recipient holding TRC/ 10F.
Recipient holding PAN.
No Withholding tax: covered in Article 15.
Implication if TRC/ PAN not available.
48








Payer: An Indian Company
Recipient- Web hosting company in USA
Nature- Buying of advertisement space on the website.
Recipient not having any PE in India.
Recipient not holding TRC/ 10F.
Recipient not holding PAN.
No Withholding tax: covered in Article 7/ No PE u/s 9.
Implication if TRC/ PAN not available.
49



Transmission Corporation of AP Limited vs. CIT
(1999) 239 ITR 587, 105 Taxman 742
GE India Technology Cen. Private Limited vs. CIT
(2010) 193 Taxman 234
Instruction no. 2/2014 dt. 26/02/2014. CBDT takes
cognizance of above case laws and advises the field
officers to ascertain and determine only the
appropriate portion of the sum chargeable to tax u/s
195.
50

CIT IV vs. Himalaya International Ltd.
(2014) 51 Taxmann.com 213 (Delhi) dt. 16/10/2014
Remittance of USA office expenses by the assesse to
USA consignee having no business operations in IndiaNo liability to withhold any tax.
51

Rich Graviss Products (P) Ltd. Vs. Addl. CIT Mumbai
(2014) 49 Taxmann.com 531
Consultancy service fee to a US company for exploring
export market in US. No withholding tax required since
no income taxable in India.
52

Financial Software & Systems P Ltd. vs. DCIT (Chennai)
(2014) 47 Taxmann.com 410
Procurement of copyrighted standard software from
Singapore company is in the nature of trading transaction
and not in the nature of royalty and thus liability to
withhold any tax.
53

Director of Income Tax vs. Infrasoft Ltd.
38 taxmann.com 88 Delhi HC
Purchase of shrink packed off the shelf software is not a
transfer of copyright or right to use copyright but is only
limited right to use copyrighted material and as such no
withholding tax applicable even after amendment to
section 9(1)(vi) as DTA will prevail over regular provisions.
54

Steria India Limited
(2014) 45 Taxmann.com 281 (AAR New Delhi)
Indian company makes payment for availing
managerial services from a firm incorporated in
France. In the absence of “make available” in the
definition, the payer was liable to withhold tax.
55

Income Tax office Banglore vs. Cross Tab Marketing
Services (P) Ltd.
(2014) 46 Taxmann.com 146
Payment to an agency abroad for online access of data
and information falls in the definition of Royalty and
withholding tax is applicable.
56

Mahindra Forging Limited vs. ADIT (International Taxation
Pune)
(2014) 44 Taxmann.com 174
Payment towards purchase of machinery, transport of
machines, erection/ installation of machines and
reimbursement of travelling expenses of technicians of the
supplier. No liability towards withholding tax since all other
charges formed integral part of purchase of machinery
which otherwise was not taxable in India.
57

Commissioner of Income Tax Central vs. Model Exims
(2014) 42 Taxmann.com 446 (Allahabad)
Commission paid to foreign agent for procuring orders. No
withholding tax liability even after explanation added to
section 9(2).


CIT I Vs. Angelique Int. Ltd. (2013) 38 Taxmann.com 425
(Delhi HC)-Ref. to Cir 7/2009
Allied Nippon 37 Taxmann.com 135(2013) ITAT Del.:
Favourable
58

SPX India Private Limited vs. CIT Appeals XII New Delhi
(2013) 36 Taxmann.com 377
Assessee company paid its share of ISO Audit fees to its
non-resident parent company. Held that tax was
required to be deducted even though it was only
reimbursement of expenses since an element of
income was embedded in the payment.
59

CIT vs. CGI Information System....
ITA No. 208-215 of 2008 Karanataka HC
Reimbursement of expenses towards cost sharing of
common facilities will be liable for withholding tax.
60

ITO (International Taxation)- II Ahmedabad vs.
Adani Port Infrastructure Pvt. Ltd.
ITA No. 1405/Ahm/2009
Definition of fee for technical services/ royalties
given in DTA will prevail over definitions given u/s
9.
61

ITO vs. Cognizant Technologies Solutions (P) Ltd.
2014 (6) TMI 707 ITAT Chennai
Payment towards hiring of international private
leased circuit is in the nature of royalty and
withholding tax will be applicable.
62
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CIT New Delhi vs. Eli Lily & Co. India Pvt. Ltd.
312 ITR 225 (SC)
Salary paid by non-residents to employees abroad
who are rendering services in India should be
subject to deduction of tax u/s 192.
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If DTA exists:
If Through PE: Section 44DA
If Not through PE: Rates specified in DTA
they are more beneficial
 If DTA does not exist:
 Section 115A or 44DA
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as
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Whether withholding tax applicable on exempted
income.
Whether form 15CB required for remittance to
self.
Whether withholding tax required to be
deducted if property purchased from NRI.
Whether section 194IA applicable on purchase
from NR.
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Issue of 15CB and uploading of 15CA post
remittance.
Whether recipient has PE in India??
Whether holding of PAN indicates PE?
Ignorance at AD level.
One man company/ professional companies
abroad as per Law of the land.
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