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TDS U/s 195

This query is : Resolved 
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(Querist)
28 December 2010 We are going to take service( Errection and commissioning) from a Foreign company which does not have PAN no. There were no any DTAA agreement between India and his country

Kindly provide us at which rate we will deduct tax.

please also provide rate when we bear the tax burden
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
28 December 2010 Rate of tax ( 40% of profit margin)
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VIVEK BARANWAL

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VIVEK BARANWAL (Querist)
28 December 2010

SIR

SERVICE IS COVERED UNDER FEE FOR TECHNICAL SERVICES

HOW RATE OF 40%
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CA. Anuj Gupta

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CA. Anuj Gupta (Expert)
31 December 2010 Kindly obtain the certificate from ITO in this case . Don't take the risk of remitting payment on CA certificate as foreign company shall be deemed to have a business connection u/s 9(1)(i).

Also kindly check the stay of foreign people in India for the purpose of erection and commissioning . It may happen that they shall form a permanent base and there tax may be liable to be deducted u/s 44DA.
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