Tds & service tax

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shalu (Querist)
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10 June 2014 One of my client which is a resident company has to pay royalty to a foreign company having no PE/PAN in India, so please let me know what rate of TDS is applicable and whether service tax is also liable on the royalty amount and if yes,then tell me the amount (whether i shall presume that service tax amount is included in the total royalty amount to be paid)

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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10 June 2014 then sec 195 is applicable and rate of tds is 20%...service tax is applicable if he is service reciever.

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shalu

shalu (Querist)
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10 June 2014 thnks for ur reply...bt in this case my company is paying them royalty for using their trademark so we r the service reciever in this case...please let me know more about this

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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10 June 2014 under reverse charge mechanism then resident co is liable for paying service tax.

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