TDS on payment to Foreign Companies

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Rohtash (Querist)
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12 April 2010 Do a reseller need to deduct TDS on payment made to a foreign company towards the purchase of totally imported instruments on a payment of 50,000 dollars annually.

CA. B.SRINIVASULU

CA. B.SRINIVASULU (Expert)
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12 April 2010 If you are directly paying to the foreigner then only tds provisions will apply. you have to refer dtaa and section 195 and if it purely import of mateials then tds is not required and if service or licence fee is inovolved in it then tds is applicable as per section 195 or dtaa whichever is benefitial to the assessee.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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12 April 2010 AGREE

CA Ashok Kumar Sahu

CA Ashok Kumar Sahu (Expert)
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12 April 2010 agreed

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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10 March 2011 The answer is NO provided the foreign Company doesn't have a PE in India.

Anuj
9810106211

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