Refund claim of Wrong TDS of Foreign

ANAND (CHARTERED ACCOUNTANT) (380 Points)

10 May 2009  

An Indian company has deducted TDS u/s 195 on income which accrued and received outside India of a Foreign company having no permanent establishment in India. i.e. though the income was not liable for income tax, the Indian company made TDS. Considering the above facts

1) Can the foreign company on its own claim the refund of TDS?If yes, How and where?

2) Is there is any procedure to avoid deduction under section 195? If yes, WHat is that?

3) Is the answer to the above mentioned queries will be different if TDS is made under any other section?

Please Guide