TDS APPLICABILITY

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HARI RAM AGARWAL

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Dec 2, 2010, 4:49:32 AM12/2/10
to FORUM FOR CA GOOGLE GROUP, EXCHANGE-PROFESSIONALLY
DEAR GROUP MEMBERS,

Pl. share your views on the following:

An European trade association, a non profit making organisation,
is organising a Trade Conference in Bangkok, Thailand.
An Indian company wants to participate in the Conference.
It has to pay a participation fee to the Association.

NOW,

Whether payment is to be made with or without TDS,
If after deducting T.D.S, under which provisions/ circulars/ notification. and at what rate.
If without deducting TDS , reasoning for the same.

THANX & REGARDS,


--CA. HARI RAM AGARWAL
B.COM.(H), LL.B., F.C.S., F.C.A., DISA(ICAI) 
M/s. H. R. AGARWAL & ASSOCIATES
CHARTERED ACCOUNTANTS
219C, OLD CHINA BAZAR STREET
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KOLKATA - 700 001
098306 30386
033 22486561
033 22303207
033 30226561

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CA C S Sreenivas

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Dec 3, 2010, 2:42:19 AM12/3/10
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Dear Hari Ram Agarwal

If the foreign organisation do not have a permanent establishment then you can consider the same as business profit and make the payment without deducting the tax

CA C S Sreenivas, Sent from my BlackBerry® smartphone


From: HARI RAM AGARWAL <gk....@hotmail.com>
Date: Thu, 2 Dec 2010 15:19:32 +0530
To: FORUM FOR CA GOOGLE GROUP<foru...@googlegroups.com>; EXCHANGE-PROFESSIONALLY<echange-pro...@googlegroups.com>
Subject: [PDRUNGTA] TDS APPLICABILITY

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awata...@yahoo.com

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Dec 5, 2010, 10:23:10 AM12/5/10
to forum4ca
It appears that the purchaser did not have information about sellers
Non Resident status and seller also deposited the money in NRI -
Ordinary account, hence TDS was not deducted. The purchaser has not
made any mistake. Now problem is of seller how to take the money
abroad or transfer to NRI account. Please advise.

R. A. Joshi

On Dec 3, 12:42 pm, "CA C S Sreenivas" <cssreeni...@yukthi.co.in>
wrote:
> Dear Hari Ram Agarwal
>
> If the foreign organisation do not have a permanent establishment then you can consider the same as business profit and make the payment without deducting the tax
> CA C S Sreenivas,   Sent from my BlackBerry® smartphone-----Original Message-----
> From: HARI RAM AGARWAL <gk.s...@hotmail.com>
>
> Sender: foru...@googlegroups.com
> Date: Thu, 2 Dec 2010 15:19:32
> To: FORUM FOR CA GOOGLE GROUP<foru...@googlegroups.com>; EXCHANGE-PROFESSIONALLY<echange-pro...@googlegroups.com>
> Reply-To: foru...@googlegroups.com

Bikash Bogi

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Dec 5, 2010, 2:36:58 AM12/5/10
to foru...@googlegroups.com, EXCHANGE-PROFESSIONALLY
Dear Agrawal Ji
 
No tax is required to be deducted for parment made to participation fees paid for trade conferencs outside india as the same payment is outside the purview of Tax net.
 
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Thanks & Regards
 
CA Bikash Bogi (Partner)  SBR & CO. CHARTERED ACCOUNTANTS
Lokhandwala Complex, Mumbai (India) ,+91-9930934403, Email:  sbr...@gmail.com
 
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