Tds deducted by japanese co in japan under dtaa article 12
This query is : Resolved
Sumankumar Jha
(Querist)
09 May 2019
Hi, below is the fact :
- my Indian client (management consulting firm) provides services to Japanese company in India but bill n payment by Japanese parent company in FY 2016-17. They paid full.
- now company came back n saying they hv not deducted 10% TDS per dtaa article 12
- asked to repay them back 10% TDS which we hv to pay being good client
Now my questions :
- can we claim back this TDS now paid in 19-20? If yes then
- wt docs needs to get from Japanese company.
- why they will Tax when the service provided in India but only Bill to Japan.
Regards,
Suman
Hi, below is the fact :
- my Indian client (management consulting firm) provides services to Japanese company in India but bill n payment by Japanese parent company in FY 2016-17. They paid full.
- now company came back n saying they hv not deducted 10% TDS per dtaa article 12
- asked to repay them back 10% TDS which we hv to pay being good client
Now my questions :
- can we claim back this TDS now paid in 19-20? If yes then
- wt docs needs to get from Japanese company.
- why they will Tax when the service provided in India but only Bill to Japan.
Regards,
Suman
CA R SEETHARAMAN
(Expert)
10 May 2019
Even though service is provided in India but Bill raised to Japan TDS applicable.
No, Foreign tax credit is allowed in the year in which the income corresponding to such tax has been offered or assessed to tax in India.
No, Foreign tax credit is allowed in the year in which the income corresponding to such tax has been offered or assessed to tax in India.
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