Please Help: TDS applicability on fees paid abroad
Posted Date : 14-Mar-2012 , 11:01:10 am | Posted By: Aashish Kumar Jain
Category :
Income Tax | Answers :
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One of my client is facing arbitration issue in abroad. They has paid the legal fees to advocate for representing their case.
My question is whether TDS deductible on it and if yes under which section.
Also the said law firm has not having any permanent establishment in india.
Please help me
Thanks in Advance |
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Answers:
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 Answer by: Ashish Karundia |
| Dear Aashish,
In the instant case, TDS is not required to be deducted. In this regard, you may refer the judgment delivered in the case of Titan Industries v. ITO (2007) 11 SOT 206 (Bang.). Further, you may also refer the following link [http://www.kpmg.com/IN/en/WhatWeDo/Tax/FlashNews/KPMG-Flash-News-Havells-India-Ltd.pdf]
Hope the above suffice.
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| Answer by: Rambabu Senkarasetti |
| Tds not required
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