Consultancy Services
This query is : Resolved
12 May 2009
Dear Sir,
our company Receiving the Foreign Consultancy Services from Spain and Germany Individuals(Not a company in Foreign Country)
Weather the Company in india is liable for Service Tax and TDS Provisions
Pls. Resolve the issue
our company Receiving the Foreign Consultancy Services from Spain and Germany Individuals(Not a company in Foreign Country)
Weather the Company in india is liable for Service Tax and TDS Provisions
Pls. Resolve the issue
12 May 2009
1. Service Tax - Yes (refer provision for Import of service).
2. TDS- Section 195 apply depending on residential status.
2. TDS- Section 195 apply depending on residential status.
13 May 2009
Not sure if these consultants are present in India or not.
13 May 2009
Service provider being a non-resident, the service receiver has to pay service tax on the consultancy services received.
TDS needs to be deducted under section 195 depending upon the residential status & also DTAA applicable.
TDS needs to be deducted under section 195 depending upon the residential status & also DTAA applicable.
13 May 2009
IN the absence of the some basic information like their presence in India etc I am assuming that the service have not been provided in India, my very brief answers to your query would be
Service Tax - yes applicable
As per article 14 of DTAA between India Geamny and India Spain, NO withholding is required from these payments. You need further clarification, you are welcome.
Service Tax - yes applicable
As per article 14 of DTAA between India Geamny and India Spain, NO withholding is required from these payments. You need further clarification, you are welcome.
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