Good morning respected experts...
A Hong kong company has provided space booking for cargo containers services in Hongkong for an Indian company. Whether Indian co. Have to deduct TDS u/ 195 on payment of charges??...As per my view TDS is not deductible as no operation has been carried out in India as per exp (a) to S.9.(1)(i) of the Act and therefore no income is chargeable to tax. please guide----CA Rohit Tawari
Regarding TDS under S.195 of the Act
Replies (1)
Whether TDS is deductible depends on if the income is chargeable to tax in India. If the services are performed entirely outside India and do not qualify as "Fees for Technical Services" or "Royalty" under the Act or the applicable DTAA, the income may not be taxable in India, and thus no TDS would be required. However, you should confirm this with a tax professional based on the specific contract terms.
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