TDS

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Joshua (Querist)
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10 March 2011 A company paying rent for containers taken from the overseas company. whether TDS applicable for the payment?

K.Srini

K.Srini (Expert)
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11 March 2011 This depends upon the country from the container is being rented and the place of utilisation of the container. If there is a nexus between the source of income in India and the rental charges paid to container then the same is liable for withholding tax. The rate of tax would be determined based on the DTAA with the country. If the payee does not have a PAN and if withholding tax is liable to be deducted for that transation then the rate of withholding tax would be the rate as per DTAA or 20% u/s 206AA which ever is higher.

Joshua

Joshua (Querist)
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15 March 2011 The container freight said above is to be paid to "Belgium". Can you please tell me the rate of TDS? and is there any provision for getting 0% rated TDS from the assessing officer?

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