Interest payable on FCCBs - There cannot be an exclusion clause ...

Interest on FCCBs not subject to TDS unless covered by exclusion in Section 9(1)(v)(b); no India accrual for non-residents.

September 26, 2015

Case Laws Income Tax AT

Interest payable on FCCBs - There cannot be an exclusion clause if it is not falling within that provision but for the exclusion. Hence, the presence of exclusion in Section 9(1)(v)(b) proves that it is falling within the ambit of deeming provision. - It has neither accrued nor arisen in India nor is deemed to accrue or arises in India in the hands of non-resident investors and therefore, no TDS is deductible - AT

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Interest payable on FCCBs - There cannot be an exclusion clause ...

Interest on FCCBs not subject to TDS unless covered by exclusion in Section 9(1)(v)(b); no India accrual for non-residents.

September 26, 2015

Case Laws Income Tax AT

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