AMC to US Vendor

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(Querist)
19 June 2007 We have entered into AMC (Apr 07 to Mar 08) for computer Scanners with M/s. LASON Inc, USA for $ 16000 In case any maintenance is required we have to send the scanners to US. No service is done in India. They don’t have any permanent establishment too in India. Does this transaction attract withholding Tax under the above circumstances?. To make the payment, being no customs and excise involvement, CA certification is required in Form B
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Shashi Mohan Jha

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Shashi Mohan Jha (Expert)
19 June 2007 withholding tax-TDS would be payable u/s195 or DTAA, however no service tax would be there as services are rendered outside India.
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Jphanikumar

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Jphanikumar (Querist)
19 June 2007 When services are not redered in India, being US vendor having no PE in india, hope this will not ittract with holding tax
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CA Mani

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CA Mani (Expert)
08 August 2007 If TDS is deducted U/s.195, If DTAA is there with US, US company can claim tax credit.

But TDS is must.

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