banner_ad

No pe is pan is necessary

This query is : Resolved 
Profile Image

Profile Image

(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
Profile Image

CA. Anuj Gupta

Profile Image

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
Profile Image

santoshpoojary

Profile Image

santoshpoojary (Querist)
05 July 2013 thnks sir
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
Join CAclubindia WhatsApp Finance Community & stay updated with the latest TAX news, compliance alerts and important updates all in one place!


Similar Resolved Queries


loading


Unanswered Queries


banner

Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Subscribe Now

Follow us
add to google news


Answer Query



Quick Links



Browse by Category




Latest Job Openings

View all
Company
14 May 2026
ICSI Trainees for 21 Months and Semi-Qualified CS

CMNITY HIRE

New Delhi

Others

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
19 May 2026
Fundraising Expert

MentorsWorld Ventures Private Limited

Ahmedabad

Others

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details