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Applicability of Witholding Tax in case of import, if foreign company has PE in India, Income Tax

Issue Id: - 114736
Dated: 8-3-2019
By:- VaibhavKumar Jain
Applicability of Witholding Tax in case of import, if foreign company has PE in India

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Dear Members,

Request for your kind views, with case laws or section reference, for Applicability of Withholding Tax in case of import of material, if foreign company has PE in India and it has not provided lower deduction certificate u/s 197(1) of income tax act.

Should we deduct the tax at 40%(plus appl. surcharge and cess)?

In such case, It will be hardship for foreign company.

Thanks and Regards

Pankaj Tirthani

Bharat Oman Refineries limited

Mob - 9222224099

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Posts / Replies

Showing Replies 1 to 3 of 3 Records

1 Dated: 8-3-2019
By:- DR.MARIAPPAN GOVINDARAJAN

In my view yes.


2 Dated: 8-3-2019
By:- VaibhavKumar Jain

Dear Sir,

Thanks for your kind reply. Can I get some section reference, case law or any other reference.

Pankaj Tirthani

Bharat Oman Refineries limited

Mob - 9222224099


3 Dated: 9-3-2019
By:- Ganeshan Kalyani

In my view, TDS is not deductible in case of import of material.


1

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