TaxTMI 
TaxTMI 
Income-tax (5th Amendment) Rules, 2021 - New Rule 29BA. Application for grant of certificate for determination of appropriate proportion of sum (other than Salary), payable to non-resident, chargeable in case of the recipien
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....n case of the recipients. (1) An application by a person for determination of appropriate proportion of sum chargeable in the case of non-resident recipient under sub-section (2) or sub-section (7) of section 195 shall be made in Form 15E electronically,- (i) under digital signature; or (ii) through electronic verification code. (2) The Assessing Officer, in order to satisfy himself, shall examine whether the sum being paid or credited is chargeable to tax under the provisions of the Act read with the relevant Double Taxation Avoidance Agreement, if any, and if the sum is chargeable to tax he shall proceed to determine the appropriate proportion of such sum chargeable to tax. (3) The Assessing Officer shall examine the application and on being satisfied that the whole of such sum would not be the income chargeable in case of the recipient, may issue a certificate determining appropriate proportion of such sum chargeable under the provision of this Act, for the purposes of tax deduction under sub-section (1) of section 195. (4) While examining the application, the Assessing Officer shall also take into consideration, following information in relation to the recipient:- ....
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....me-tax on such appropriate proportion (if any). The relevant particulars are as below: 1. Details of the payer: (i) PAN or Aadhaar (ii) Name (iii) TAN (TAN is compulsory for application u/s 195) (iv) Status (Individual/Firm/Company/AOP/BOI, as the case may be) (v) Residential status (vi) Address (vii) E-mail ID (viii) Mobile Number 2. Details of the recipient: (i) PAN (if available) (ii) Name First name Middle name Last name (iii) Status (Individual/Firm/Company/AOP/BOI, as the case may be) (iv) Father's name (in case of an individual) First name Middle name Last name (v) Date of birth (in case of individuals) or date of incorporation, if available (vi) Address in India (if applicable) (vii) Address of recipient in country of Residence outside India (viii) Tax Identification Number of recipient in the country of Residence (ix) Jurisdictional AO, if any (x) E-mail ID (xi) Mobile Number (xii) Passport No. (in case of individual) 3. Details of transaction (i) Country to which payment is to be made (ii) Amount payable In Foreign Currency In Indian Rs. (on estimated basis) (iii) Propo....
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.... this head. (c) Tax liability on the chargeable sum under this head. (d) Justification of above tax liability. (e) Based on above at what rate tax is required to be deducted C. In case the payment is on account of Royalty, please indicate (a) Nature of Royalty payment (b) The amount of income chargeable to tax under this head. (c) Tax liability on the chargeable sum under this head. (d) Justification of above tax liability. (e) Based on above at what rate tax is required to be deducted D. In case the payment is on account of Fee for technical services (FTS), please indicate (a)Nature of Payment (b) The amount of income chargeable to tax under this head. (c) Tax liability on the chargeable sum under this head. (d) Justification of above tax liability (e) Based on above at what rate tax is required to be deducted E. In case of Interest income (a) Nature of interest income (b) Please indicate (i) Whether conditions of section 194LB are satisfied? (Tick) Yes ___No___ (ii) Whether conditions of section 194LBA are satisfied? (Tick) Yes ___No___ (iii) Whether conditions of section 194LC are satisfied? (Tick) Yes ___No___ (iv) Whether condi....
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....nature of payment (c) if yes, then state (i) Nature of Royalty paid or to be paid (ii) The amount of income chargeable to tax under this head. (iii) Tax liability on the chargeable sum under this head (iv) Justification of above tax liability (v) Based on above at what rate tax is required to be deducted D. In case the payment is on account of Fee for technical services (FTS), please indicate (a) Whether such fee for technical service is liable to tax in India under the DTAA (Tick) Yes ___No___ (b) if FTS is not taxable in India under the DTAA, then state (i) nature of payment (ii) whether there is 'Make Available' clause in the treaty (Tick) Yes ___No___ (iii) if there is a claim for 'Make Available' clause, whether such clause in FTS article is sought to be included in the DTAA through Most Favoured Nation Clause? (Tick) Yes ___No___ (iv) if answer to (iii) above is yes, whether notification regarding 'Make Available' clause issued by Government of India (Tick) Yes ___No___ (v) If there is make available clause explain how that requirement is not satisfied (vi) If there is no make available clause explain how the payment is not FTS (c) if FTS is taxable in ....