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Foreign remittance

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Querist : Anonymous

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Querist : Anonymous (Querist)
16 September 2011 Dear Experts,

I have to remit a certain amount to the technical consultants in US who do not have any presence in India and the services are not rendered in India.Do I have to deduct TDS from the amount payable?

Regards...
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CA Divyesh Sodha

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CA Divyesh Sodha (Expert)
16 September 2011 in your case income is not accruing or arrising in India hence not taxable in the hands of the receipent in India and accordingly not tax is required to be deducted.
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CA. Anuj Gupta

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CA. Anuj Gupta (Expert)
17 September 2011 Tax is required to be deducted under the provisions of sec. 9 of Income Tax Act.

However there are certain other finer points in DTAA which can exempt you from deducting TDS.

Anuj
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