27 March 2008
UNDER CLAUSES (a) TO (i) of SECTION 195(PAYMENTS OF OTHER SUMS TO NON RESIDENTS ), TDS IS APPLICBALE EITHER AT RATES STIPULATED UNDER INCOME TAX ACT OR AT RATES SPECIFIED IN ADT(AVOIDANCE OF DOUBLE TAXATION) AGREEMENT ENTERED INTO BY GOVT. OF INDIA UNDER SEC 90 WHICHEVER IS LOWER. R.V.RAO
28 May 2008
thank for all your replies. but i am furnishing more details.
is TDS applicable on foreign payments for webhosting ?
my agruments :
a. the company is based in USA and does not have any Permanent Establishment in India.
so no income accrues in India.
b. Service is rendered abroad and payment is also made in foreign currency directly abroad.
c. there was a case where an Indian company WIPRO subscribing to an Online database of a foreign company which is maintained by the foreign company and the ruling was that NO TDS is payable on that payments. does the same apply to web hosting?
CAclubindia
