Tds u/s 195

360 views 2 replies

Dear Members,

Request advice on the following

  1. An Indian Company is planning to launch a marketing campaign in Dubai
  2. Towards this, the company will appoint a creative agency in Dubai
  3. This agency does not have any permanent establishment in India
  4. The advertisement campaign is restricted in Dubai and will not be in India.
  5. The Company will pay fees to the agency for undertaking the campaign
  6. Under local laws, the agency is not taxable in Dubai

In the above circumstances, considering provisions of IT act and DTAA, should the company deduct TDS u/s 195 from the fees payable to the agency

Replies (2)

Hi Deepanjan,

There is no requirement for your company to deduct tds . As per Section 9(1)(vii) of IT Act relating to  Technical service which state:  "except where the fees are payable in respect of services utilised in a business or profession carried on by such person outside India or for the purposes of making or earning any income from any source outside India" . Meaning where a fee payable to Dubai agency for earning income in Dubai is not taxable in India and hence no witholding is apllicable,

Regards

Karthik V Kulkarni

Thank you for the advice

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details