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Law charges payments made chinese law firm

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24 April 2019 Indian co. having case in china on custom duty hired a Chinese law firm for case settlement, made payment to that firm without deducting TDS. is it legal???
Please provide provision regarding this in income tax act...
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
25 April 2019 Yes, no TDS need to be deducted. This income of non-resident rendering service outside India is not taxable in India. No TDS applicable if the income is not taxable in India.
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