28 December 2010
We are going to take service( Errection and commissioning) from a Foreign company which does not have PAN no. There were no any DTAA agreement between India and his country
Kindly provide us at which rate we will deduct tax.
please also provide rate when we bear the tax burden
31 December 2010
Kindly obtain the certificate from ITO in this case . Don't take the risk of remitting payment on CA certificate as foreign company shall be deemed to have a business connection u/s 9(1)(i).
Also kindly check the stay of foreign people in India for the purpose of erection and commissioning . It may happen that they shall form a permanent base and there tax may be liable to be deducted u/s 44DA.
CAclubindia
