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TDS Liability

This query is : Resolved 
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(Querist)
31 August 2007 If I make payment to Advertising Agency in Foreign country to advertise my product in their local magazine, am I liable for TDS?
Ad. agency has no PE in India.
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CA Mani

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CA Mani (Expert)
01 September 2007 It's based on DTAA between India and foreign country.

If that ad agency can claim set off there, TDS can be deducted.
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Pbmangarolia

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Pbmangarolia (Querist)
01 September 2007 Sir, if I make payment to Ad. Agency which has no PE or Business Connection in India, Is any part of his Income taxable in India? If no, then TDS liability would arise?
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CA Nikita

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CA Nikita (Expert)
06 September 2007 well u'll have to deduct tax in case u r payong from india.. and then that DTAA concept comes in force..
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