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Tds on foreign advertisement

jayaprasad (Accounts & Finance Manager) (74 Points)

26 April 2012

Payment to a foreign company towards advertisement is applicable for TDS deduction or not for a Hospital........clarify me.........

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CA Sripal Jain (Associate Finance) (709 Points)
Replied 26 April 2012

hi jaya,

one always need to look towards the issue of income and services rendered,in the above example the comapny has made payment to a foreign company,so the issue is whether the income is accrued or arised in india,if thts the case then TDS must be deducted,however if the company havent received any money in india,and the services are provided outside india so one cannot deduct tax,kindly go towards the relevant sections namely section 5(2) and section 9 of income tax act,in view of above sections,if the payment is received in india,one needs to deduct tax

regards

sripal jain