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Duty of payer incase of payee is covered under 172

Others 240 views 1 replies

Respected Experts,

Good Morning to all,

I have a one query, i hope here i can get the answer.

Company (A Ltd) paying Ocean freight charges to a shippling company (say B Ltd, which is registered outside india and this company does not having any perminent establishment in india).

As per section 172 (it has overide effect on entire income tax act), if any non resident shipper getting revenue he has to pay 7.5% as.... so and so......... 

as i said above this section 172 has override effect on entire income tax act (including section 195)......

How A ltd will ensure that, B ltd is complied with section 172 before making any payment to B ltd ????????

 

Thanks 

Replies (1)
Payer has no duty in this case. As per section, the shipper has to pay tax before departure. I don't know the practical procedure. But sections says it is not allowed to leave before paying tax or making arrangements for paying taxes, like executing a bond.


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