Tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 March 2015 How can foreign co claim tds deducted in india at the time of filing of return in his country
what is procedure

thanks in advance

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 March 2015 that depends on DTAA or that foriegn co tax laws for same whther they allow or not.

Querist : Anonymous

Querist : Anonymous (Querist)

31 March 2015 Tushar sir,If DTAA exists b/w india & Myanmar but fees for technical services is not included in in DTAA then can foreign co writea letter to related AO for non deuction of TDS amount

it is possible..

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 March 2015 if there is no specific article in DTAA bewt 2 countries then foriegn co cant get any benefit from dtaa and cannot avoid sec 195 Applicability if its applicable in any given transaction.

Querist : Anonymous

Querist : Anonymous (Querist)

31 March 2015 Tushar sir,if Tds is applicable u/s 195 on that transcation indian co has deducted Tds then foreign co can recover this amount in his country

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 March 2015 for claiming tds deducted in india, the foriegn country's tax laws should permit for claiming the same.