Terms & Conditions - DTAA Tax Relief

Welcome to Bizeneed India Private Limited. These Terms & Conditions govern the engagement between you ("Client", 'you', or 'your') and Bizeneed India Private Limited ("Company", 'we', 'us', or 'our') for services related to Double Taxation Avoidance Agreement (DTAA) benefits and tax relief claims. These terms are framed in strict accordance with the Income Tax Act, 1961, the Income Tax Rules, 1962, Double Taxation Avoidance Agreements entered into by India with various countries, the Central Board of Direct Taxes (CBDT) guidelines, and all other applicable laws and regulations. Please read these Terms carefully before engaging our services. By initiating an engagement, providing documents, or making any payment, you agree to be bound by these Terms in their entirety.

• These Terms govern all engagements for DTAA benefits advisory and tax relief claim services facilitated by Bizeneed
• Bizeneed acts as a technology-enabled intermediary connecting clients with qualified tax professionals and chartered accountants
• By initiating a service engagement, you confirm you have read, understood, and agree to these Terms
• If you act on behalf of another individual or entity, you represent that you have the authority to bind them to these Terms
• All services are subject to applicable DTAA provisions, Income Tax Act provisions, and CBDT guidelines
• Questions regarding these Terms should be directed to legal@bizeneed.in

Bizeneed provides comprehensive DTAA benefits advisory and tax relief claim services including advisory on Double Taxation Avoidance Agreements between India and the client's country of residence; guidance on claiming tax relief under applicable DTAA provisions including Article 10 (Dividends), Article 11 (Interest), Article 12 (Royalties), Article 15 (Independent Personal Services), and Article 23 (Elimination of Double Taxation); preparation and submission of Form 10F, Form 13, and other relevant forms to the Assessing Officer; assistance with obtaining Tax Residency Certificate (TRC) from the tax authority of the country of residence; guidance on the provisions of the Income Tax Act, 1961 including Section 90, Section 90A, and Section 91 for claiming DTAA relief; preparation of tax residency certificate applications and supporting documentation; advisory on tax withholding obligations and reduced withholding rates under applicable DTAA provisions; and post-claim compliance and documentation maintenance.

• Advisory on applicable DTAA provisions between India and the client's country of residence
• Guidance on claiming tax relief under applicable DTAA articles including dividends, interest, and royalties
• Preparation and submission of Form 10F, Form 13, and other relevant forms to the Assessing Officer
• Assistance with obtaining Tax Residency Certificate (TRC) from the tax authority of residence
• Guidance on Section 90, Section 90A, and Section 91 of the Income Tax Act, 1961
• Preparation of TRC applications, supporting documentation, and DTAA benefit claim submissions
• Advisory on reduced withholding tax rates applicable under applicable DTAA provisions
• Post-claim compliance maintenance, renewal guidance, and documentation management

You are required to provide all necessary documents and information accurately and promptly to facilitate DTAA benefits claims. This includes a valid Tax Residency Certificate (TRC) issued by the tax authority of your country of residence; income details including nature of income, gross income amounts, tax paid or withheld in the country of residence; supporting documents such as tax payment receipts, withholding tax certificates, bank statements showing remittances, and relevant agreements; PAN card and other identification documents; proof of residence in the applicable foreign country; any additional information or documentation required by the Assessing Officer under Section 142(1) of the Income Tax Act, 1962; and any other documents requested by Bizeneed or required for DTAA compliance. You must notify Bizeneed of any changes in residential status, income structure, or applicable DTAA provisions.

• Provide a valid Tax Residency Certificate (TRC) issued by the tax authority of your country of residence
• Disclose complete income details including nature of income, gross income amounts, and tax withheld abroad
• Submit tax payment receipts, withholding tax certificates, bank remittance statements, and relevant agreements
• Provide PAN card and other identification documents as required for filing
• Provide proof of residence in the applicable foreign country
• Supply any additional information or documentation required by the Assessing Officer under Section 142(1)
• Notify Bizeneed promptly of any changes in residential status, income structure, or applicable DTAA provisions
• Ensure all documents provided are genuine, authentic, and not altered in any manner

Service fees for DTAA benefits advisory and tax relief claims are as communicated during the engagement and become binding upon your acceptance. Fees may be structured on a per-claim basis, per-form basis, or on a periodic retainer basis depending on the scope of services. Government fees, filing charges, courier charges, attestation fees, and any third-party charges are billed separately and are payable in addition to our service fees. Late payments may attract interest at 18% per annum calculated from the due date until the date of actual payment. We reserve the right to suspend services for accounts with overdue payments exceeding 30 days. All fees are subject to applicable taxes unless otherwise specified. Service fees for advisory work completed prior to termination are non-refundable.

• Service fees are as communicated during engagement and are binding upon your acceptance
• Fees may be structured on a per-claim, per-form, or periodic retainer basis depending on scope
• Government fees, filing charges, courier charges, attestation fees, and third-party charges are billed separately
• Late payments attract interest at 18% per annum calculated from the due date to the date of actual payment
• Services may be suspended for accounts with overdue payments exceeding 30 days
• All payments must be made through official payment channels integrated with the Platform
• Refunds, if applicable, are governed by our Refund Policy available at /refund-policy

The typical timeline for DTAA benefits advisory and tax relief claim services is 15-30 working days from the date of receipt of all required documents and payments. The timeline may vary based on the complexity of the income structure, the applicable DTAA provisions, the responsiveness of the client in providing required documentation, and the processing timelines of the Assessing Officer or tax authorities. We will provide an estimated timeline at the time of engagement, but we do not guarantee specific completion dates. Tax filing deadlines under the Income Tax Act, 1961 are binding obligations of the client, and delays in filing may attract penalties. We will make reasonable efforts to meet all statutory timelines and will notify you promptly of any potential delays.

• Standard processing timeline: 15-30 working days from receipt of complete documentation and payment
• Timelines may vary based on complexity of income structure, applicable DTAA provisions, and tax authority processing
• Tax filing deadlines under the Income Tax Act, 1961 are binding obligations of the client
• Delays in tax filing may attract penalties under applicable provisions - client is responsible for statutory timelines
• We will provide regular updates on the status of DTAA benefit claims and compliance activities
• Any changes to timelines will be communicated to you promptly

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of this engagement. Bizeneed commits to protecting your personal data, financial information, income details, and documents in accordance with applicable data protection laws including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023. We implement appropriate technical and organizational security measures to safeguard your information. Your data will be processed solely for the purpose of providing our DTAA and tax relief services and will not be shared with third parties except as required for service delivery or as mandated by law. We will not disclose your confidential information to unauthorized parties without your prior written consent, except where required by the Income Tax Act, 1961, CBDT guidelines, or any other applicable law or regulatory requirement.

• Bizeneed commits to protecting personal data, financial information, and tax details per applicable data protection laws
• Information will be processed solely for the purpose of providing DTAA benefits advisory and tax relief services
• Data will not be shared with third parties except as required for service delivery or as mandated by law
• Appropriate technical and organizational security measures are implemented to safeguard your information
• No disclosure of confidential information without prior written consent, except where required by tax laws or regulations
• You may request details of our data handling practices by contacting privacy@bizeneed.in

To the maximum extent permitted under applicable Indian law, including the Information Technology Act, 2000 and the Consumer Protection Act, 2019, Bizeneed India Private Limited's aggregate liability under any service engagement or claim arising from these Terms shall not exceed the service fees paid by you for the specific DTAA or tax relief service in the preceding 12 months. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or any other financial loss arising from the use or inability to use our services. We are not liable for any tax deficiencies, penalties, interest, or adverse actions by tax authorities arising from your failure to comply with the Income Tax Act, 1961 or applicable DTAA provisions. We are not liable for losses arising from inaccurate, incomplete, or delayed information provided by you. Our advisory services are provided on a best-effort basis and do not guarantee specific tax outcomes.

• Aggregate liability limited to service fees paid for the specific DTAA or tax relief service in the preceding 12 months
• No liability for indirect, incidental, special, consequential, or punitive damages of any kind
• Not liable for tax deficiencies, penalties, interest, or adverse actions by tax authorities
• Not liable for losses arising from inaccurate, incomplete, or delayed information provided by you
• Not liable for losses arising from changes in tax laws, DTAA provisions, or CBDT guidelines after service initiation
• No liability for service interruptions due to force majeure events beyond our reasonable control
• Nothing in these Terms excludes liability for death or personal injury caused by our negligence or for fraud

Either party may terminate the service engagement by providing not less than 7 days' prior written notice to the other party. In the event of termination after advisory work has been initiated, the service fees paid shall not be refundable for work already completed or initiated. Bizeneed may terminate the engagement immediately if you provide false or misleading information, fail to provide required documents within 30 days of request, or breach these Terms in any material manner. Upon termination, we will provide a status update on ongoing compliance activities. Provisions of these Terms that by their nature should survive termination, including confidentiality, limitation of liability, and dispute resolution, shall remain in full force and effect.

• Either party may terminate with not less than 7 days' prior written notice
• Service fees are non-refundable for work already completed or initiated at the time of termination
• We may terminate immediately for provision of false information, failure to provide documents within 30 days, or material breach
• Upon termination, a status update on ongoing compliance activities will be provided
• Access to all related services and support will cease upon termination
• Provisions relating to confidentiality, liability, dispute resolution, and intellectual property survive termination

Any dispute arising from or in connection with these Terms & Conditions or the DTAA tax relief services shall first be attempted to be resolved through good-faith negotiations for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 before a sole arbitrator appointed by mutual consent. The seat of arbitration shall be New Delhi, Delhi, India, and the language of arbitration shall be English. These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts in New Delhi, Delhi, India shall have exclusive jurisdiction over any dispute.

• Disputes shall first be attempted to be resolved through good-faith negotiations for 30 days
• Unresolved disputes are referred to arbitration under the Arbitration and Conciliation Act, 1996
• Arbitrator appointed by mutual consent of both parties
• Seat of arbitration: New Delhi, Delhi, India; Language: English
• The arbitration award shall be final and binding on all parties
• Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction
• These Terms are governed by the laws of India without regard to conflict of law provisions

If you have any questions, concerns, or feedback regarding these Terms & Conditions for DTAA tax relief services, please do not hesitate to contact us. Our team is available to address any queries or clarifications you may need regarding the terms, documentation requirements, timelines, or any other aspect of our services. For general inquiries, service-related questions, or technical support, please reach out through our contact channels. For legal and compliance-related matters, please use the dedicated email address below. We strive to respond to all inquiries within a reasonable timeframe.

• Email: legal@bizeneed.in - for legal, compliance, and terms-related inquiries
• Email: support@bizeneed.in - for general support, technical issues, and service queries
• Registered Office: Bizeneed India Private Limited, New Delhi, Delhi, India
• Grievance Officer: grievance@bizeneed.in - for complaints and dispute resolution
• Response time: We aim to respond to all inquiries within 2-3 business days