DTAA benefit of Mauritius

Hello Sir/Madam,
We have deducted TDS under section 195 @21.012% in FY-2015-16, INR 931942 on approv 44 lakh but in our Mauritius office they are getting tax benefit 38000 on 132000 as gross amount. Please advise how Mauritius office can get total tax benefit.
Asked 5 months ago in Corporate Tax from New Delhi, Delhi
Dear Sir,

Please let us know the end to end transaction flow. What was the transaction and whether Mauritius company have any other income in India.

Further, if it is transaction between two related group entities, you have to report this transaction in form 3CEB. Are you filing form 3CEB?

Please feel free to call/revert in case of any doubts

Thanks and Regards 
Abhishek Dugar 
CA CS B.Com
Abhishek Dugar
CA, Mumbai
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The tax liability is determined on the basis of computation of income determined in accordance with the laws of each country and the credit for tax is given only to the extent of tax applicable on such income. Thus if your income is taxed, say in India for x amount and the tax liability is y amount, you can get double taxation relief only to the extent of y only, even if the tax in the origin country is y+. 
In your case, specific advice can be given only after knowing the computation of tax liability of your Mauritius office.
B Vijaya Kumar
CA, Hyderabad
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Hello Sir,

I am not in a position to understand your query, would you be in a position to explain it in detail please.

Rohit R Sharma
CA, Mumbai
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Dear Sir,

Whatever tax you have deducted shall be in total i.e. Rs. 9,31,942/- shall be available as credit and if any excess tax paid shall be refunded by the respective authorities.
Vishrut Rajesh Shah
CA, Ahmedabad
559 Answers
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