Withholding tax on supervision charges
This query is : Open
19 October 2012
An Indian Company has to pay Supervision charges to a company of UAE. UAE company has no PE in India and is providing tax residency certificate of UAE. Is still there withholding tax liability on the Indian company?
19 October 2012
Payment made to foreign company for service rendered in the nature of business not chargeable to tax in India in the absence of permanent establishment
Payment made to foreign company for service rendered in the nature of business not chargeable to tax in India in the absence of permanent establishment
19 October 2012
Thanks a lot Sir. Here I would like to add that the supervision services are rendered in India only. The technical persons from UAE visit India and provide supervision services. In that case, would there be any withholding tax liability and at what rate?
19 October 2012
If the receipient does not have permanent establishment or business connection in India then TDS will not be deducted
19 October 2012
Thanks a lot. But the services are being rendered in India. The supervising UAE company is sending their technical persons to India for rendering services. Doesn't it creates the liability of withholding tax according to Sec 9(1)(vii).
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