Nri issue

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kirankumarreddy (Querist)
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12 November 2011 Can any one help me out in resolving the below issue.
if a foreign company provides consultancy service to an indian company and in return it receives a fee from the indian company after deducting TDS and the foreign company had a PAN whether it need to file the return in INDIA?

Thanks in advance

Vishal D Shah

Vishal D Shah (Expert)
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13 November 2011 No. Unless it has permanent establishment in India.

Yash Anandkumar Mandavia

Yash Anandkumar Mandavia (Expert)
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13 November 2011 The income is accrued and received in India. So, in my humble opinion, the company has to file the return.

Vishal D Shah

Vishal D Shah (Expert)
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13 November 2011 My opinion was based on DTAA Provision. It can definitely avoid return filing. Would you still differ?

Vishal D Shah

Vishal D Shah (Expert)
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13 November 2011 Otherwise it would mean that every company providing service to Indian company has to file return! That's incorrect in my humble opinion!

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