Sandeep (Article Trainee) (37 Points)
17 July 2013Hi
My client(in India) is receiving technical fees from incorporation in USA. Kindly help whether any TDS is applicalbe for the said transaction.
In 194J it says Any person paying......Person even includes foreign incorporations.
If any one is having any notification or case law kindly let me know.
CA. Kunal Lakhotia
(ACA)
(1006 Points)
Replied 17 July 2013
No req to deduct TDS as foreign company is not under the jurisdiction of I-T Act and "any person" can never mean anyone in this whole world. It's only in respect of India
Naresh Dharia F.C.A.
(PROPRIETOR)
(426 Points)
Replied 30 December 2013
I differ with the view.....
YES...TDS will apply & 194 J ...Any Person includes NRI also....195 also states any perosn...includes NRI also...
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