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Dtaa india and uk for article 13

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(Querist)
05 June 2012 INDIAN INSURANCE COMPANY WANTS TO MAKE PAYMENT TO UK BASED COMPANY WHICH IS HAVING PAN OF INDIA.
NATURE OF PAYMENT
1) INSURANCE CLAIM IN USD
2) SURVEY FEES (PROVIDED IN BOMBAY) IN GBP

IS THERE ANY LIABILITY FOR TDS ?
AND AT WHAT RATE?
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CA Sagar Kotak

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CA Sagar Kotak (Expert)
05 June 2012 Sir,

As per section 195 of the income Tax Act, 1961 TDS is required to be deducted on amount of income chargeable to tax in India rather than total payment.

So first you see whether the amount which you paid is taxable in india if yes than liability to deduct tax @ 10%.

I Think survey fees paid to the UK based company is taxable in india and regarding the insurance claim first we see about the location of the assets

With the hope that this information might be helpful to you

regards

CA Sagar Kotak
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VIKAS KUNDU

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VIKAS KUNDU (Expert)
06 June 2012 As i think insurance claim is not taxable, hence not liable to deduct TDS as per section 195.
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CA Sagar Kotak

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CA Sagar Kotak (Expert)
08 June 2012 If Insurance claim is received on capital assets, defined under head Capital gain, then it may be taxable otherwise not..
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CA HARDIK SHAH

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CA HARDIK SHAH (Querist)
08 June 2012 no its not for capital asset. its reimbursment of expenses.
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CA Sagar Kotak

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CA Sagar Kotak (Expert)
08 June 2012 so, its not taxable, hence not liable to deduct tax under section 195
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CA HARDIK SHAH

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CA HARDIK SHAH (Querist)
12 July 2012 but what about Survey Fees Its professional charge
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