Tds u/s 195
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 May 2012
Foreign company gave know how to Indian company (in which such foregin copmany have majority of shareholding) The Indian company issue shares instead of paying any amount for Knowhow. Whether TDS u/s 195 applicable?
Whether capital gain has to pay by foreign company for sale of know how as per section 45 of the Income Tax Act.
Whether capital gain has to pay by foreign company for sale of know how as per section 45 of the Income Tax Act.
04 May 2012
Yes. Sec 195 comes into play. If know how charges are of the kind of revenue expenditure, service tax is required to be paid. The foreign company is not required to pay capital gain (Even after Vodafone case)
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