Dtaa with usa

This query is : Resolved

Surinder Pal Singh (Querist)
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22 October 2012 Dear Sir,

We have to pay audit fee to firm in USA for doing audit on our behalf in Bangladesh. Please suggest whether any tax on audit fee is required to be deducted.

Amol S Joglekar

Amol S Joglekar (Expert)
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22 October 2012 Taking "we" as resident and ordinarily resident in India, section 195 is applicable.

Arun Biyani

Arun Biyani (Expert)
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23 October 2012 PL see if the audit firm has business connection / PE in india as the income chargeble to NRi are only those which are recieved, deem to be received, accrue or deem to be accrued in india, dividend outside india by indian company, interest, royalty, salary, and fees for technical service. Therefore in my opinion service rendered outside india would not fall under any of above clauses and hence no requirement of TDS. However pl see definition and case law for technical services, which i feel is only clause where it can fall as it includes managerian and consultancy fees also. although i do not think audit fees would fall under consultancy fees. still see.

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