29 July 2009
The one of our client in India executed agreement with Hongkong based entity and purchases goods & done some processing work at Hongkong. Now clients want to payment to both the party in Hongkong(i.e one for purchases of goods and other which has processed).My question is , if our client want to pay for entity which has done processing work in Hongkong, whether any other deduction required. As per my opinion there is no any dedcution required becuase service has been done outside India. am I correct or not.Please Indicate the clause of Article of DTAA
28 October 2009
First thing there is no DTA with Honk Kong. Second thing you need to check whether the Seller in HK has any PE in India or not. Form 15CB will have to be submitted for Remittance. No deduction is prima facie required