Tds section 195

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Manoop V M (Querist)
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04 June 2012 Dear Experts,

An Indian Company is paying 5100 USD to an advertising Co of USA for an advertisement in TV about its project in India.

Kindly advice me on the TDS applicability U/S 195 based on the following facts…

1.There is no business connection in India

2.There is no permanent establishment in India

3.mount is to be received outside India

4. Foreign Company don’t have PAN…

5. Advertisement shown only in USA

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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04 June 2012 As per Article 7 of Agreement for avoidance of double taxation of income with USA,The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein.

Accrodingly, It is not taxable in india and tds is not required to be dedcucted at source u/s 195

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