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Tds on foreign payment

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 July 2013 I have made a payment to Germany for Rent of Area hire for exhibition purpose . Whether I liable to deduct TDS from the payment I making, Also if yes than at what rate as the party doesn't have PAN no. Also Party gives me Invoice on which he state net payment. Please Solve....
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CS,CA F,Numrologi TusharSampat

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CS,CA F,Numrologi TusharSampat (Expert)
05 July 2013 Yes u need to deduct TDS ...refer sec 195 and if no pan is provided then 20% is applicable as tds rate.
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Querist : Anonymous

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Querist : Anonymous (Querist)
09 July 2013 Ok, but party gives me invoice & state that not to deduct any amount from payment. then what can I do...
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CS,CA F,Numrologi TusharSampat

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CS,CA F,Numrologi TusharSampat (Expert)
09 July 2013 Then u need to show them sec 195 provison and ask dem to allow u to dedcut else u willbe assessee is default.
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