Tds on products sold by us company to indian entity

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 November 2013 A company which is incorporated in USA is selling products to an Indian entity. They sell products + support bundled together to customers in India.Is that subject to withholding tax?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
Follow

07 November 2013 Import of materials and making payment will not attract TDS. incase any service received from them and making payment will attract tds u/s.195

MEHUL SHAH

MEHUL SHAH (Expert)
Follow

03 December 2013 Support bundled Services shall have to be checked for the test of "Make Available" clause as per DTAA between India and USA.

Import shall not attract TDS in absence of PE in India

Regards
CA Mehul Shah
9723459572
mehul@raseshca.com

Upgrade to CAclubindia Pro. Subscribe Now!