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TDS on foreign remmitance

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 April 2011 Payment made by indian company to foreigner against MOU to take professional service out side india to establish a factory outside india.
please give expert advice with reference case law/case study/other refernces:

1- professional Service take out side india.
2- professional has not any agent/office/branch/establishment in India i. e. no relation in India.
3- There is no relation between company and professional apart from this transaction.
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CA MANOJ GUPTA

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CA MANOJ GUPTA (Expert)
22 April 2011 THE INCOME WILL NOT BE CHARGEABLE TO TAX IN INDIA
U CAN REFER TO ADIT V. WIZCRAFT INTERNATIONAL 38(II) ITCL 91(MUM-TRIB)
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CA. Anuj Gupta

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CA. Anuj Gupta (Expert)
25 April 2011 The same can be taken out of tax net by virtue of provisions of sec. 9(1)(vii)(b)of Income Tax Act,1961.
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