Tds on foriegn payments

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 September 2013 Hi,

We ("The Company") are making payment of USD1000$ to one of the university in USA as registration fees for Merger and Acquisitions Program which is to be attended by the CFO of the Company.

Pls. suggest whether TDS to be deducted?
Request you to pls. give reason also.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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01 October 2013 Check for the applicability of Section 195. if I am not mistaken, it is not applicable.

In domestic scenario too its has been held that TDS is not applicable.

In the case of MDI Gurgaon, Delhi ITAT held that such fees are not covered under TDS provisions. generally income tax authorities tried to tax it under 194J.

https://articles.economictimes.indiatimes.com/2008-01-16/news/28456159_1_194j-tds-withholding

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