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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....te proportion of sum (other than Salary), payable to non-resident, chargeable in 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 appl....
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....r determining the appropriate proportion of such sum chargeable to tax in the case of the recipient (if any) and authorise me to deduct income-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 ....
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....4.) With DTAA __Without DTAA__ 4. Taxability under the provisions of the Income-tax Act (without considering DTAA) (i) Is payment chargeable to tax in India as per the provisions of Income-tax Act (Tick) Yes __ No __ (ii) If not taxable, reasons thereof (iii) if taxable, the relevant section of the Act under which the payment is covered. (iv) A. If the payment is on account of business income, please indicate: (a) Description of the business connection. (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 B. In case the payment is on account of capital gains, please indicate: (a) Provide: (I) Nature of asset and its location if any (II) Amount of....
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....sfied? (Tick) Yes ___No___ (v) Loan Registration Number (LRN) as given by Reserve Bank of India (c) The amount of income chargeable to tax under this head. (d) Tax liability on the chargeable sum under this head. (e) Justification of above tax liability. (f) Based on above at what rate tax is required to be deducted F. In case of other payment not covered by items A to E, above (a) Please specify the 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 5. Taxability under the Double Taxation Avoidance Agreement (DTAA) (i) Please specify relevant applicable DTAA (ii) ....
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.... 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....