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Tds on monogram license fees

This query is : Resolved 

24 January 2013 My client is paying License Fees to American Petroleum Institute, USA towards use of its monogram. The license allows the client to affix the API Monogram on its products. The API regularly conducts audit at client's premises in India to ensure that the products comply with its standards.
Whether above license fees can be termed as Royalty and Tax deductible from it.

24 January 2013 it is royalty under income tax act and also the india usa dtaa.
tds is necessary
api will need to have pan in india too



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