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TMI Blogwithholding taxX X X X Extracts X X X X X X X X Extracts X X X X ..... Our company who is resident in India has to remit US $10,000 to a Company who is resident of Vietnam for attending seminar over there [Seminar with topic related to advertisement]. Plz suggest if our company is required to withhold tax in India and if yes than at what rate. Plz also give relevant provision of Income tax Act and DTTA - Reply By Anuj Gupta - The Reply = No TDS is required, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided the foreign company provides the TRC and NO PE certificate. Anuj - Reply By Praveen Mittal - The Reply = thx dear Anuj for your response. Can you plz elaborate the provisions of law in this regard as to why this should not be considered as fees for technical services. Secondly what will happen if the foreign party is resident of say Pakistan with whom we don't have DTAA - Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply By Anuj Gupta - The Reply = If the seminar is providing a training on some specific topic then it may be covered under FTS, but if the seminar is of general nature then it is not of nature of FTS. for Pakistan , income tax rates shall apply. anuj 9810106211 - Reply By Praveen Mittal - The Reply = thx a lot again dear. as mentioned in my earlier query the Seminar is with topic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... related to advertisement. Plz give your view point if the same can be considered as provision of training with some specific topic or not. Further, earlier you have pointed out that in case if TRC is provided then no TDS, would you mean that this income is otherwise taxable in India but because of DTAA it would not be taxable and for claiming benefit of DTAA, TRC is required? If that be the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se then under which provision this income would be deemed to be earned in India as Section 9 talks about business connection for an income being deemed to be earned in India would be obliged if you plz give your view point by elaborating the same in detail - Reply By Anuj Gupta - The Reply = Income Tax Department shall always consider the same as FTS , it even calls commission as FTS. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In Income Tax Act the terms are very widely drafted but under DTAA the scope and application of particular clause is normally clearly defined and is limited in scope. - Reply By JAYARAMAN M - The Reply = u r making advertisement in seminar to be conducted at Vietnam. the income will accrue in Vietnam AS SOURCE BASED TAXATION. AND THE COMPANY IS TAXABLE ONLY IN THAT COUNTRY FOR THE I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NCOME RECEIVED. HENCE IN MY OPINION 195 IS NOT APPLICABLE. ONLY CHECK THE DTAA WHETHER VIETNAM WILL SUPPORT SOURCE BASE TAXATION. - withholding tax - Query Started By: - Praveen Mittal Dated:- 26-10-2013 Income Tax - Got 6 Replies - Income Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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