1st pmt outside india by a small proprietor-tds ??

411 views 2 replies

Hello everyone,

my client mr. X proprietor entered into agreement with a company in Turkey providing certification services like ISO 9001:2000 etc.

rate per certificate payable by mr. x to the turkey co was 150$

in the financial year 2011-12 he did only 3 certification work and therefore he has to pay 450$.

His turnover in the fy 11-12 was only Rs.100000/- and even in fy 10-11 was 100000/-

He donot have TAN no. and due to some dispute between him and the turkey company he decided not to do further business with them.

Now i have to issue 15CB to him and confused whether to get him a TAN or not becoz tax has to be deducted and if tax is not deducted then i cannot issue form 15CB ?

waiting for the views of the experts. 


 

Replies (2)

please go through article 12 of DTAA with turkey we need to deduct tax on this payment if the turkey party has permanant establishment in india.

turkey co. doesnt have any permanent establishment in india

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