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TDS on Foreign Payment

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08 November 2010 An Indian Company PQ Ltd has its Branch AB Ltd in New York. X Ltd. a Foreign company renders Professional Service to the Branch AB Ltd. Does AB Ltd. have to deduct TDS on such payment. If yes, under which section and at what rate?


Happy Diwali..!!

Regards,
Devendra

09 November 2010 No TDs will not be applicable. Since income is not accruing in india.

09 November 2010 section 195(h) or 195(i) apply, please refer the section 195.

The TDS rate is 30% plus EDCess.




20 December 2010 Here kindly check the exact nature of activity provided by foreign vendor AND the ultimate use of that services by the branch to earn any income outside India.
I feel that you should carefully read provisions of sec. 9(i)(vii) of income Tax Act for the same.

9810106211



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