Nestle India : Format for declaration for claiming benefits under DTAA. (pdf, 273Kb)
October 29, 2020 at 09:55 am
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FORMAT FOR DECLARATION FOR CLAIMING BENEFITS UNDER DTAA
Date:
To,
Nestlé India Limited
100 / 101, World Trade Centre, Barakhamba Lane,
New Delhi - 110 001
Email: Investor@in.nestle.com
Subject: Declaration for eligibility to claim benefit under Double Taxation Agreement between
Government of India and Government of ("DTAA"), as modified by Multilateral Instrument ("MLI"), if applicable
With reference to above, I/We wish to declare as below:
1. I / We,
, having
permanent account number (PAN) under the Indian Income tax Act,
>, and holding
number
of shares of the Company under demat account number/ folio number …………….. as on the Record
date, am / are a tax resident of in terms of Article 4 of the DTAA
as modified by MLI (if applicable) and do not qualify as a 'resident' of India under section 6 of the Indian Income-tax Act, 1961 ("the IT Act").A copy of the valid tax residency certificate for ,which is valid as on the Record Date, is attached herewith.
I/We am/are eligible to be governed by the provisions of the DTAA as modified by MLI (if applicable), in respect of the dividend income and meet all the necessary conditions to claim treaty rate.
I/We am/are the legal and beneficial owner of the dividend income to be received from the Company.
I/We do not have a Permanent Establishment ("PE") in India in terms of Article 5 of the DTAA as modified by MLI (if applicable) or a fixed base in India and the amounts paid/payable to us, in any case, are not attributable to the PE or fixed base, if any, which may have got constituted otherwise.
I/We do not have a PE in a third country and the amounts paid/payable to us, in any case, are not attributable to a PE in third jurisdiction, if any, which may have got constituted otherwise.
I/We do not have a Business Connection in India according to the provision of section 9(1)(i) of the Act and the amounts paid/payable to us, in any case, are not attributable to business operations, if any, carried out in India.
I/We confirm that my affairs/affairs of___________________________ were arranged such that the main purpose or the principal purpose thereof was not to obtain tax benefits available under the applicable tax treaty.
Further, our claim for relief under the tax treaty is not restricted by application of Limitation of Benefit clause, if any, thereunder.
I/We hereby certify that the declarations made above are true and bonafide. In case in future, any of the declarations made above undergo a change, we undertake to promptly intimate you in writing of the said event. You may consider the above representations as subsisting unless intimated otherwise.
I/we in the event of any income tax demand (including interest, penalty, etc.) arising from any misrepresentation, inaccuracy or omission of information provided by me, I will be responsible to pay and indemnify such income tax demand (including interest, penalty, etc.) and provide the Company with all information / documents that may be necessary and co-operate in any proceedings before any income tax / appellate authority.
For
Authorised Signatory
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Nestlé India Limited published this content on 27 October 2020 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 29 October 2020 13:54:07 UTC
Nestle India Limited is an India-based company that is engaged in the food business. The Company's product categories include milk products and nutrition, prepared dishes and cooking aids, powdered and liquid beverages, and confectionery. Its milk and nutrition products include dairy whitener, condensed milk, ultra heat treatment milk, yoghurt, maternal and infant formula, baby foods, and health care nutrition. Its dishes and cooking aid products include noodles, sauces, seasonings, pasta, cereals and pet food. Its powdered and liquid beverages include instant coffee, instant tea and ready to drink beverages. The Company's confectionery products include bar count lines, tablets and sugar confectionery. The Company's brands include NESCAFE, MAGGI, MILKYBAR, KIT KAT, BAR-ONE, MILKMAID, GERBER and NESTEA. Its coffee products include NESCAFE Classic, NESCAFE Sunrise and NESCAFE GOLD. Its pet food portfolio includes PURINA Friskies and PURINA Fancy Feast in the dry and wet cat food range.