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TDS on Payment of Air-Freight Payments(Export sales0 (Income Tax)

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This query is : Open

( Querist )
07 July 2009

Please Clarify –TDS on Payment of Air-freight for Export Sales

Normally Sea-Freight Payments to Non-Resident Shipping Companies or his Agents ( for Export sales –carrying goods to overseas ports) does not attracts TDS u/s 194 C and 195 , since it is exempted vide Board’s circular no. 723 of 1995 dt.19.9.1995.

On the other hand, Sec 172 deals with Shipping Business of Non- Residents and it is a self-contained code for the recovery of the tax, ship-wise, and journey wise, and requires the filing of the return within a maximum of 30 days from the departure of the ship. Therefore, the Provisions of sec 194 C and 195 relating to TDS are not applicable.

Please Clarify the following points :
1 ) Whether the Sea-Freight Payments made to Resident Shipping companies (like SCI) attracts TDS or not?(for goods shipped to overseas ports).

2 ) Is there any similar IT Board Circular is available -- for TDS Exemption on the Payment of Air Freight to Foreign Airlines or his Agents (for Air Cargo) ?

Thanks N regards




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