Is TDS applicable -payment to foreign consultant

V.ganapathy (consultant) (87 Points)

12 June 2011  

Sir,

I am an engineering consultant consulting for a US company which does not have operations in India. I also take the help of engineers from USA or UK now and then for some work for my US company for which they are compensated in foreign currency from a foreign account. The engineers are induviduals,NRIs and do the work from their homes. Going through various replies in your forum and also reading the DTAAs ,I understand TDS is not required to be deducted for these payments as they do not accure or arise from India for these sub consultants I engage.Pl confirm if my thinking is right.  Thanks