Sasidhar Aruljothi (C.A FINAL) (187 Points)
05 October 2011Friends,
Channel Subscripttion Fees is paid to a foriegn company to maka a channel available in that country. Is this payment liablble to tds, if so, is it corect that tds must be deducted under section 195?
In that case how to give the particulars of tax deduction? Form 16A will not be aqccepted in that country. The reciepient can neither claim refund nor credit for the tax deducted.......wha is to be done in this case?
CA VISHAL RANA,CS,B.Com,AMFI
(Chartered Accountant in Whole Time Practice)
(4354 Points)
Replied 05 October 2011
YES, TDS IS REQUIRED TO BE DEDUCTED UNDER SECTION,IF AMOUNT PAID IS TAXABLE IN INDIA AND FEES PAID TO THE FOREIGN CO FOR CHANNEL IN INDIA IS INCOME DEEMED TO BE ACCRUE & ARISE IN INDIA...SO I THINK TDS REQUIRED TO BE DEDUCTED
CA VISHAL RANA,CS,B.Com,AMFI
(Chartered Accountant in Whole Time Practice)
(4354 Points)
Replied 05 October 2011
ritesh u can filed application u/s 154 for rectification of return
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7024 Points)
Replied 06 October 2011
| Originally posted by : Sasidhar Aruljothi | ||
 |
Friends, Channel Subscriptttttion Fees is paid to a foriegn company to maka a channel available in that country. Is this payment liablble to tds, if so, is it corect that tds must be deducted under section 195? In that case how to give the particulars of tax deduction? Form 16A will not be aqccepted in that country. The reciepient can neither claim refund nor credit for the tax deducted.......wha is to be done in this case? |
 |
Dear Sasidhar,
I could make out from your post ,that an Indian Company is making payment to a Compnay located outside India for subscripttion fees for channel . In my view that Income is not taxable in India.
Form 16A shall not be required in the present case. Even if otherwise form 16A is acceptable in foreign country and the foreign country's Income Tax Office shall give credit for TDS deducted in India. The receipient can't claim refund in home country but can definitely adjust the tax deducted in India against the tax liability in its home country.
Anuj
+91-9810106211
femaquery @ gmail.com
6 days Certification Course on GST Practical Return Filing Process
CAclubindia
