An Indian company engaged an Indian resident firm for a project abroad and withheld tax according to foreign regulations. The payment is being made in INR from India. The question is whether Indian Income Tax TDS needs to be deducted again. The consensus is yes, TDS under section 194C should be deducted, and the Indian company can claim double taxation relief.
18 May 2024
We an Indian Company have awarded a contract to an Indian Resident company for a project outside India. We have deducted Tax at source from the bills of the Indian company as per the extant rules of the foreign country. However, we are making the net payment against the bill in INR to the Indian resident company from India to their Indian account.
Are we liable to deduct IT TDS again from such remittance as per the rules of Income Tax of India?
21 May 2024
As the Income is received in India by the Indian company, it is falling under the definition of Income as per Income Tax Act and hence taxable in India. With this perspective should we deduct TDS u/s 194C at the time of payment.