TDS applicable on Foreing payments to US company?

SAMEER Y SHAIKH (IT PROCUREMENT) (24 Points)

22 September 2008  

 Foreign company (X) is providing a software service from US

Our company (Y) is an indian company is availing of the service

Price agreed was without taxes with liability of taxes applicable in india resting with our Indian company

For the service, X provides monthyl invoice in usd.

Our company has paid the amount in usd but deducted 15% as TDS. accounts person says that tds certificate can be provided by us each quarter which company X can claim

Is TDS applicable for such foreign payment . If yes how would the foreign company claim it in US ? or a procedure to claim exist in India

Thanking you,

Sameer Shaikh