Whether Repairs comes under fees for technical services
This query is : Resolved
11 February 2011
Sirs,
If foreign company has provided repairs & overhauling of machines in India then whether we can say that it is fees for technical services.
And if not then what is the nature of payment and TDS compliance.
Kindly provide me any case law if any.
Please let me know urgently
If foreign company has provided repairs & overhauling of machines in India then whether we can say that it is fees for technical services.
And if not then what is the nature of payment and TDS compliance.
Kindly provide me any case law if any.
Please let me know urgently
13 February 2011
The repair and overhauling should not be normally covered under FTS provided it is not of a very technical nature.
But if the tax is being born by the foreign company then kindly go ahead and deduct the TDS and let them claim credit for the same in their home country.
But if the tax is being born by the foreign company then kindly go ahead and deduct the TDS and let them claim credit for the same in their home country.
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