Import of service from germany

This query is : Resolved

Bhav Bhuti Sharma (Querist)
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04 May 2015 Type and terms of service - designing of new furniture collection on which he charges development fee in three steps.
The development fee is a part of an advance as royalty(3%), as to the usual terms between service provider and Indian company

As per invoice - MWST 19% (Tax not applicable as per indo-German tax agreement)
Service provider says that he is not responsible to pay any Indian or local tax charged to Indian Company and 100% taxable in germany .

Query
1. DOES INDIAN COMPANY LIABLE TO PAY ANY SERVICE TAX UNDER REVERSE CHARGE MECHANISM?
2. DOES ANY TDS WILL BE DEDUCTED ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 May 2015 1. Service tax payable by service receiver Indian company under RCM.
2. TDS applicable u/s 195.

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