TDS on Payment to a foreign company
CA.Dinesh Agarwal
Dear Members,
A Pvt Ltd company in India has to pay commission to a foreign company (which has no presence/establishment in India)
Is TDS required to be deducted in this transaction..?
If yes, would it be 20% since the foreign entity does not have a PAN?
If no, pls give reference to the relevant provisions which state that TDS is not required to be deducted.
Regards
CA.Dinesh K Agarwal, FCA
"HMP House" 4 Fairlie Place, 4th floor,
Suite # 406, Kolkata-700001
Cellphone - + 91 9748780534
Landphones - +91-33-4060 2227, 2210 2227
.
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From:
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Sent: Tuesday, January 28, 2014 4:06 AM
To: Abridged Recipients
Subject: [CA RUNGTA PD] Abridged summary of foru...@googlegroups.com -
17 Messages in 14 Topics
Group: http://groups.google.com/group/forum4ca/topics
§ Conversion of Public Company to Private Company. [1 Update]
§ CBDT Accepts High Court Verdict Of No TDS On Service-Tax Component [1 Update]
§ {CA AGARWAL RANJEET} Re: Applicability of GTA provision oninternal shifting of coal by heavy vehicle [1 Update]
§ service tax query [3 Updates]
§ Gift to Beneficiary Trust [1 Update]
§ Service Tax Matters [2 Updates]
§ Creation of Charge for Car Hypothecation [1 Update]
§ Is a CA firm required to be registered with Registrar of Firms? [1 Update]
§ Filling Assets and Liabilities Detail in Income tax Return [1 Update]
§ URGENT [1 Update]
§ Interviews with AIR 1,2,3 at CA Final Nov'13 [1 Update]
§ HAPPY REPUBLIC DAY [1 Update]
§ MCA : FAQs on Fast Track Exit Mode [1 Update]
Kirti Tulsyan <caktu...@gmail.com> Jan 27 11:59AM +0530
Dear Professional Colleague,
We are on the verge of Converting a Public Company into a Private Company
and as such the MOA & AOA need to be amended.
Do we need to file both the MOA & AOA ...more
central kolkata <cenko...@gmail.com> Jan 25 02:56PM +0530
CBDT Accepts High Court Verdict Of No TDS On Service-Tax Component
The CBDT has issued Circular No. 1/2014 dated 13.01.2014 pointing out that
the Rajasthan High Court has taken the view in ...more
{CA AGARWAL RANJEET} Re: Applicability of GTA provision oninternal shifting of coal by heavy vehicle
Agrawal Sanjiv and Company <asa...@gmail.com> Jan 25 12:37PM +0530
It is an output service in certain cases.
Sanjiv Agarwal
--
Partner
Agarwal Sanjiv & Company,
Chartered Accountants,
503, Gurukripa Tower, C-43, Mahaveer Marg, C-Scheme, Jaipur-302001 ...more
CA Akash Lodha <caaakas...@gmail.com> Jan 25 05:05PM +0530
Dear Kirti,
As you are availing the abatement scheme & charging service tax @ 3.09%
instead of 12.36% so you are not elgibile for Cenvat Credit
but you can take Cenvat Credit on Excise duty ...more
sumit agarwal
<sumy...@yahoo.co.in>
Jan 25 04:56PM +0800
Ms. A. Sujatha,
The input credit of service tax by the way of the services provided
for renting of a motor vehicle has got two different
decisions/opinions .
1. As per Rule 2(l) of the ...more
Ankit Agrawal <agrawa...@sify.com> Jan 25 02:15PM +0530
Dear A Sujatha Ji,
In my view you were (the partnership firm) not eligible for input credit in
your this issue.
"input service" means any service, —
(i) used by a provider of taxable ...more
Ankit Agrawal <agrawa...@sify.com> Jan 25 02:25PM +0530
Dear Rajesh jain Ji,
Section 56(2)(v) is applicable to individual and HUF only. Also if trust is
assessed as individual (the child being beneficiary), then also gift
received is not taxed as it is ...more
"Biswa Ranjan Pattnaik" <brp_...@yahoo.co.in> Jan 26 11:27PM +0530
Dear Sri Khandelwal,
As per section 83 of Finance Act’1994, provisions of certain sections of the
Central Excise Act, 1944 are also applicable to service tax matters. Section 14
of the ...more
sumit agarwal
<sumy...@yahoo.co.in>
Jan 25 05:16PM +0800
Dear Jagdishji,
I don't think that there is any section or any provisions in service tax law
where the department has the power to call for the information from the third
party (Section 133 as ...more
Basant Goel <ca.b...@gmail.com> Jan 25 03:04PM +0530
Dear sirs, For car hypothecation their are no separate security offered
to banker neither co-leteral nor primary other than car which is property
if banks till repayment to bank in full. ...more
ARV Update - Service Tax on GTA cannot be demanded from Service Recipient if paid by the Service Provider and accepted by the Department - Mumbai CESTAT
"Vikram Khaitan" <vik...@arvsolutions.co.in> Jan 25 03:34PM +0530
Dear All,
Kindly note that the Hon'ble Mumbai CESTAT in the case of Umasons Auto Compo
Pvt Ltd v. CCE, Aurangabad [2014-TIOL-126-CESTAT-MUM] has held that once the
amount of Service Tax on ...more
ARANIBHAS GUPTA <aranibh...@hotmail.com> Jan 25 04:16PM +0530
Dear friendU placed a very good question at a very good time-new requirement
for application of PAN states that registration certificate with Registrar of
Firms is mandatory for partnership firms.In ...more
DK <deeka...@gmail.com> Jan 25 05:28AM -0800
*Reply to the query:*
*Schedule of Asset and Liability is MANDATORY,*
- in a case where *Total Income exceeds Rs.25 Lacs.*
*Total Income *
- From Gross Total Income, subtract, as per ...more
CA Sreekanth <ca.sre...@gmail.com> Jan 25 09:12PM -0800
Hi,
Once call to respective ROC office and get it confirmed and better to file
later
CA SREEKANTH
On Wednesday, January 22, 2014 4:36:28 PM UTC+5:30, Souvik Ghosh wrote:
...more
Anurag Singal <anurag...@gmail.com> Jan 26 04:14PM +0530
Dear All
Pls do read and share your feedback the exclusive interviews that I have
conducted with the toppers of CA Final Exams held in Nov'13
Gaurav Shrawagi AIR 1
...more
Sushil Choraria <sushil_...@yahoo.com> Jan 26 08:13AM -0800
आपको गणतंत्र दिवस की हार्दिक शुभकामनाएँ... जय
हिन्द.. जय भारत।
CA SUSHIL KUMAR JAIN(CHORARIA) ...more
lsre...@gmail.com
Jan 26 06:02PM -0800
Should a defaulting company file all pending mca forms prior to filing form
FTE?
...more
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atulmehta55 mehta
vinod goyal
Vinod Kumar Goyal,F.C.A.P.G.D in A.D.R.
Senior Partner V.Goyal & Associates
Chairman:A.N.M.I.,e.i.r.c.
Chairman:D.P.A.I.,e.i.r.c.
Rustagi & Co.
Commission paid to non-resident agent for services rendered outside India is not taxable in India, because no services are rendered in India.
However, specific answer can be given only knowing nature of commission,services provided by the non-resident, residence of non-resident etc.
Thanks,
CA.Anurag Sharma
9831581824
On Thu, 30 Jan 2014 11:22:47 +0530 wrote
> the governing section being section 195, the condition of 20% for non- pan is not attracted.the tds rate is 30% for this.having a pe or any establishment or not is immaterial for section 195
Vinod Kumar Goyal,F.C.A.P.G.D in A.D.R.
Senior Partner V.Goyal & Associates
Chairman:A.N.M.I.,e.i.r.c.
On Wednesday, 29 January 2014 11:31 AM, CA.Dinesh Agarwal wrote:
Dear Members,
A Pvt Ltd company in India has to pay commission to a foreign
company (which has no presence/establishment in India)
Is TDS required to be deducted in this transaction..?
If yes, would it be 20% since the foreign entity does not have a
PAN?
If no, pls give reference to the relevant provisions which state
that TDS is not required to be deducted.
Regards
CA.Dinesh K Agarwal, FCA
"HMP House" 4
Fairlie Place, 4th floor,
Suite # 406, Kolkata-700001
Cellphone - + 91 9748780534
Landphones-+91-33-4060
2227, 2210
2227
Ashish Rustagi
c/o Rustagi & Co.
19, R.N Mukherjee Road
Eastern Building, 1st Floor,
Kolkata 700001
Phn No. 22480856,22480823
Mob No. 9339768131
Fax 22430746
 |
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