TDS u/s 195 not deducted on payment to Everest Global Inc. for ...

Services rendered outside India, payment made abroad. No PE of foreign co. in India. Fees for technical services utilized for earning income from foreign source.

Case Laws     Income Tax

July 13, 2024

TDS u/s 195 not deducted on payment to Everest Global Inc. for software training services as source of income located outside India and payment made for services outside India. Everest Global Inc. did not have permanent establishment in India. Services provided outside India to assessee under Teaming Agreement and work order. Source of income located outside India and payment made outside India. Fee for technical services paid for earning income from source outside India. Section 9(1)(vii)(b) applied, income not deemed to accrue or arise in India, fees for technical services not taxable. Assessee resident in India, paid fee for technical services to non-resident. Exception applies where fees paid for services utilized in business outside India or for earning income from source outside India. Work order issued outside country for earning income from source outside country. Amount paid covered under exception in section 9(1)(vii)(b). Assessee not required to deduct TDS.

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