No pe is pan is necessary
This query is : Resolved
santoshpoojary
(Querist)
03 July 2013
our co is real estate company and we are paying brokerage to mauritius based co for service given regards sale of flats for NRI resident resided in across the globe ...
further co submited NO PE certificate and Tax residence certificate issued by the mauritius govt ... also as per article 5(1) of DTAA co doesnt have any PE and any business connection in india
my question is
can we pay brokerage without deduction of TDS ... is that TAX residence certifcate issued by the mauritius govt is enough .... and what if the Payee co is kwait based company..
please give case law
further co submited NO PE certificate and Tax residence certificate issued by the mauritius govt ... also as per article 5(1) of DTAA co doesnt have any PE and any business connection in india
my question is
can we pay brokerage without deduction of TDS ... is that TAX residence certifcate issued by the mauritius govt is enough .... and what if the Payee co is kwait based company..
please give case law
CA. Anuj Gupta
(Expert)
03 July 2013
(1)Yes ...TRC is a sufficient proof.
Relavent case law is Azadi Bachao Andolan (SC)
(2) For second case you shall need TRC from Kuwait Govt.
Anuj
femaquery@gmail.com
Relavent case law is Azadi Bachao Andolan (SC)
(2) For second case you shall need TRC from Kuwait Govt.
Anuj
femaquery@gmail.com
santoshpoojary
(Querist)
05 July 2013
thnks sir
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