International taxation

Hi All ,

I have a question regarding the Tax Implications on the following situation :-

Machinery Supplied from outside India at FOB price. The cost of Machinery Includes the Erection & Installation charges also.

  1. How to segregate the Installation & Machinery Cost?
  2. The taxability of Installation Cost  in India.
  3. The applicability of Service tax on it.

Supposedly there's a branch in India of the foreign company & the machinery is supplied directly to the customer & bill for  the same is raised to the customer from outside India & remittance is also made to Head Office not to the Indian branch.

  1. What will be Tax implications of the above transaction on it's Branch In India ?

Your kind views & opinion's are awaited.

 

Regards,

Pravesh Rathi

 

Replies (2)

if the cost of machinery and installation cost are not mentioned specifically, you need to duduct withholding tax as per relavant DTAA on the total amount of the Invoice  (i.e 10.51% or as per DTAA, in case the supplier do not have PE in India or if the PE is not invloved in the operations in India)

In case branch is involved in transaction  the applicabe withholding tax rate will be 42.03% (appox) as the foreign company as PE in India.

In case amount of cost of machinery and installation charges is not differentiable and you want to withhold tax on lower amount, you have to make an application to the concrned AO for passing a order u/s 195(2).

 

 

Thanks Kapil

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details